Rules of The S Court of The US

RULES
OF THE
Supreme Court of the

United States
ADOPTED JULY 17, 2007
EFFECTIVE OCTOBER 1, 2007
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SUPREME COURT OF THE UNITED STATES
1 First Street, N. E.
Washington, DC 20543
Clerk of the Court ............................... (202) 479-3011

Reporter of Decisions.......................... (202) 479-3390
Marshal of the Court........................... (202) 479-3333
Librarian ................................................ (202) 479-3175
Telephone Operator ............................. (202) 479-3000
Clerk’s Automated Response
System (CARS) ................................ (202) 479-3034
Visit the U.S. Supreme Court Website

http://www.supremecourtus.gov
Mailing Address of the Solicitor General of the

United States (see Rule 29.4)
Room 5614
Department of Justice
950 Pennsylvania Avenue, N. W.
Washington, DC 20530-0001
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TABLE OF CONTENTS
PART I. THE COURT Page

Rule 1. Clerk ................................................................................................ 1
Rule 2. Library ............................................................................................ 1
Rule 3. Term ................................................................................................ 1
Rule 4. Sessions and Quorum ................................................................... 2
PART II. ATTORNEYS AND COUNSELORS

Rule 5. Admission to the Bar.................................................................... 2
Rule 6. Argument Pro Hac Vice .............................................................. 3
Rule 7. Prohibition Against Practice ...................................................... 4
Rule 8. Disbarment and Disciplinary Action......................................... 4
Rule 9. Appearance of Counsel................................................................. 5
PART III. J URISDICTION ON W RIT OF CERTIORARI

Rule 10. Considerations Governing Review on Certiorari ................... 5
Rule 11. Certiorari to a United States Court of Appeals Before
Judgment .................................................................................... 6
Rule 12. Review on Certiorari: How Sought; Parties............................ 6
Rule 13. Review on Certiorari: Time for Petitioning ............................ 9
Rule 14. Content of a Petition for a Writ of Certiorari ........................ 10
Rule 15. Briefs in Opposition; Reply Briefs; Supplemental Briefs ..... 13
Rule 16. Disposition of a Petition for a Writ of Certiorari................... 15
PART IV. OTHER J URISDICTION

Rule 17. Procedure in an Original Action ................................................ 16
Rule 18. Appeal from a United States District Court........................... 17
Rule 19. Procedure on a Certified Question ............................................ 22
Rule 20. Procedure on a Petition for an Extraordinary Writ .............. 23
PART V. MOTIONS AND APPLICATIONS

Rule 21. Motions to the Court .................................................................... 25
Rule 22. Applications to Individual Justices............................................ 26
Rule 23. Stays ................................................................................................ 27
PART VI. BRIEFS ON THE M ERITS AND ORAL A RGUMENT

Rule 24. Briefs on the Merits: In General................................................ 28
Rule 25. Briefs on the Merits: Number of Copies and Time to File .. 30
Rule 26. Joint Appendix............................................................................... 31
Rule 27. Calendar.......................................................................................... 34
Rule 28. Oral Argument .............................................................................. 34
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ii TABLE OF CONTENTS
PART VII. PRACTICE AND PROCEDURE Page

Rule 29. Filing and Service of Documents; Special Notifications;
Corporate Listing...................................................................... 36
Rule 30. Computation and Extension of Time ........................................ 39
Rule 31. Translations.................................................................................... 40
Rule 32. Models, Diagrams, Exhibits, and Lodgings ............................. 40
Rule 33. Document Preparation: Booklet Format; 81 /2- by 11-Inch
Paper Format............................................................................. 41
Rule 34. Document Preparation: General Requirements ...................... 44
Rule 35. Death, Substitution, and Revivor; Public Officers.................. 46
Rule 36. Custody of Prisoners in Habeas Corpus Proceedings ........... 47
Rule 37. Brief for an Amicus Curiae ....................................................... 47
Rule 38. Fees.................................................................................................. 50
Rule 39. Proceedings In Forma Pauperis ............................................... 51
Rule 40. Veterans, Seamen, and Military Cases ..................................... 52
PART VIII. DISPOSITION OF CASES

Rule 41. Opinions of the Court................................................................... 53
Rule 42. Interest and Damages .................................................................. 53
Rule 43. Costs ................................................................................................ 54
Rule 44. Rehearing ....................................................................................... 55
Rule 45. Process; Mandates......................................................................... 56
Rule 46. Dismissing Cases........................................................................... 57
PART IX. DEFINITIONS AND EFFECTIVE DATE

Rule 47. Reference to “State Court” and “State Law” ......................... 57
Rule 48. Effective Date of Rules................................................................ 58
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PART I. THE COURT

Rule 1. Clerk
1. The Clerk receives documents for filing with the Court
and has authority to reject any submitted filing that does
not comply with these Rules.
2. The Clerk maintains the Court’s records and will not
permit any of them to be removed from the Court building
except as authorized by the Court. Any document filed
with the Clerk and made a part of the Court’s records may
not thereafter be withdrawn from the official Court files.
After the conclusion of proceedings in this Court, original
records and documents transmitted to this Court by any
other court will be returned to the court from which they
were received.
3. Unless the Court or the Chief Justice orders otherwise,
the Clerk’s office is open from 9 a.m. to 5 p.m., Monday
through Friday, except on federal legal holidays listed in 5
U. S. C. § 6103.
Rule 2. Library
1. The Court’s library is available for use by appropriate
personnel of this Court, members of the Bar of this Court,
Members of Congress and their legal staffs, and attorneys
for the United States and for federal departments and
agencies.
2. The library’s hours are governed by regulations made
by the Librarian with the approval of the Chief Justice or
the Court.
3. Library books may not be removed from the Court
building, except by a Justice or a member of a Justice’s staff.
Rule 3. Term
The Court holds a continuous annual Term commencing on
the first Monday in October and ending on the day before
the first Monday in October of the following year. See 28
U. S. C. § 2. At the end of each Term, all cases pending on
the docket are continued to the next Term.
1
2 SUPREME COURT RULE 5
Rule 4. Sessions and Quorum

1. Open sessions of the Court are held beginning at 10 a.m.
on the first Monday in October of each year, and thereafter
as announced by the Court. Unless it orders otherwise, the
Court sits to hear arguments from 10 a.m. until noon and
from 1 p.m. until 3 p.m.
2. Six Members of the Court constitute a quorum. See 28
U. S. C. § 1. In the absence of a quorum on any day ap-
pointed for holding a session of the Court, the Justices at-
tending—or if no Justice is present, the Clerk or a Deputy
Clerk—may announce that the Court will not meet until
there is a quorum.
3. When appropriate, the Court will direct the Clerk or
the Marshal to announce recesses.
PART II. ATTORNEYS AND COUNSELORS
Rule 5. Admission to the Bar

1. To qualify for admission to the Bar of this Court, an
applicant must have been admitted to practice in the highest
court of a State, Commonwealth, Territory or Possession, or
the District of Columbia for a period of at least three years
immediately before the date of application; must not have
been the subject of any adverse disciplinary action pro-
nounced or in effect during that 3-year period; and must ap-
pear to the Court to be of good moral and professional
character.
2. Each applicant shall file with the Clerk (1) a certificate
from the presiding judge, clerk, or other authorized official
of that court evidencing the applicant’s admission to practice
there and the applicant’s current good standing, and (2) a
completely executed copy of the form approved by this Court
and furnished by the Clerk containing (a) the applicant’s per-
sonal statement, and (b) the statement of two sponsors en-
dorsing the correctness of the applicant’s statement, stating
that the applicant possesses all the qualifications required
for admission, and affirming that the applicant is of good
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SUPREME COURT RULE 6 3
moral and professional character. Both sponsors must be

members of the Bar of this Court who personally know, but
are not related to, the applicant.
3. If the documents submitted demonstrate that the appli-
cant possesses the necessary qualifications, and if the appli-
cant has signed the oath or affirmation and paid the required
fee, the Clerk will notify the applicant of acceptance by the
Court as a member of the Bar and issue a certificate of ad-
mission. An applicant who so wishes may be admitted in
open court on oral motion by a member of the Bar of this
Court, provided that all other requirements for admission
have been satisfied.
4. Each applicant shall sign the following oath or affirma-
tion: I, ..............., do solemnly swear (or affirm) that as an
attorney and as a counselor of this Court, I will conduct my-
self uprightly and according to law, and that I will support
the Constitution of the United States.
5. The fee for admission to the Bar and a certificate bear-
ing the seal of the Court is $200, payable to the United States
Supreme Court. The Marshal will deposit such fees in a
separate fund to be disbursed by the Marshal at the direction
of the Chief Justice for the costs of admissions, for the benefit
of the Court and its Bar, and for related purposes.
6. The fee for a duplicate certificate of admission to the
Bar bearing the seal of the Court is $15, and the fee for a
certificate of good standing is $10, payable to the United
States Supreme Court. The proceeds will be maintained by
the Marshal as provided in paragraph 5 of this Rule.
Rule 6. Argument Pro Hac Vice

1. An attorney not admitted to practice in the highest
court of a State, Commonwealth, Territory or Possession, or
the District of Columbia for the requisite three years, but
otherwise eligible for admission to practice in this Court
under Rule 5.1, may be permitted to argue pro hac vice.
2. An attorney qualified to practice in the courts of a for-
eign state may be permitted to argue pro hac vice.
3. Oral argument pro hac vice is allowed only on motion

of the counsel of record for the party on whose behalf leave
is requested. The motion shall state concisely the qualifica-
tions of the attorney who is to argue pro hac vice. It shall
be filed with the Clerk, in the form required by Rule 21, no
later than the date on which the respondent’s or appellee’s
brief on the merits is due to be filed, and it shall be accompa-
nied by proof of service as required by Rule 29.
Rule 7. Prohibition Against Practice

No employee of this Court shall practice as an attorney or
counselor in any court or before any agency of government
while employed by the Court; nor shall any person after
leaving such employment participate in any professional ca-
pacity in any case pending before this Court or in any case
being considered for filing in this Court, until two years have
elapsed after separation; nor shall a former employee ever
participate in any professional capacity in any case that was
pending in this Court during the employee’s tenure.
Rule 8. Disbarment and Disciplinary Action

1. Whenever a member of the Bar of this Court has been
disbarred or suspended from practice in any court of record,
or has engaged in conduct unbecoming a member of the Bar
of this Court, the Court will enter an order suspending that
member from practice before this Court and affording the
member an opportunity to show cause, within 40 days, why
a disbarment order should not be entered. Upon response,
or if no response is timely filed, the Court will enter an ap-
propriate order.
2. After reasonable notice and an opportunity to show
cause why disciplinary action should not be taken, and after
a hearing if material facts are in dispute, the Court may take
any appropriate disciplinary action against any attorney who
is admitted to practice before it for conduct unbecoming a
member of the Bar or for failure to comply with these Rules
or any Rule or order of the Court.
Rule 9. Appearance of Counsel

1. An attorney seeking to file a document in this Court in
a representative capacity must first be admitted to practice
before this Court as provided in Rule 5, except that admis-
sion to the Bar of this Court is not required for an attorney
appointed under the Criminal Justice Act of 1964, see 18
U. S. C. § 3006A(d)(6), or under any other applicable federal
statute. The attorney whose name, address, and telephone
number appear on the cover of a document presented for
filing is considered counsel of record, and a separate notice
of appearance need not be filed. If the name of more than
one attorney is shown on the cover of the document, the at-
torney who is counsel of record shall be clearly identified.
See Rule 34.1(f).
2. An attorney representing a party who will not be filing
a document shall enter a separate notice of appearance as
counsel of record indicating the name of the party repre-
sented. A separate notice of appearance shall also be en-
tered whenever an attorney is substituted as counsel of rec-
ord in a particular case.
PART III. J URISDICTION ON W RIT OF CERTIORARI
Rule 10. Considerations Governing Review on

Certiorari
Review on a writ of certiorari is not a matter of right, but
of judicial discretion. A petition for a writ of certiorari will
be granted only for compelling reasons. The following, al-
though neither controlling nor fully measuring the Court’s
discretion, indicate the character of the reasons the Court
considers:
(a) a United States court of appeals has entered a deci-
sion in conflict with the decision of another United
States court of appeals on the same important matter;
has decided an important federal question in a way that
conflicts with a decision by a state court of last resort;
or has so far departed from the accepted and usual
course of judicial proceedings, or sanctioned such a de-

parture by a lower court, as to call for an exercise of
this Court’s supervisory power;
(b) a state court of last resort has decided an impor-
tant federal question in a way that conflicts with the
decision of another state court of last resort or of a
United States court of appeals;
(c) a state court or a United States court of appeals
has decided an important question of federal law that
has not been, but should be, settled by this Court, or
has decided an important federal question in a way that
conflicts with relevant decisions of this Court.
A petition for a writ of certiorari is rarely granted when the
asserted error consists of erroneous factual findings or the
misapplication of a properly stated rule of law.
Rule 11. Certiorari to a United States Court of Appeals

Before Judgment
A petition for a writ of certiorari to review a case pending
in a United States court of appeals, before judgment is en-
tered in that court, will be granted only upon a showing that
the case is of such imperative public importance as to justify
deviation from normal appellate practice and to require im-
mediate determination in this Court. See 28 U. S. C.
§ 2101(e).
Rule 12. Review on Certiorari: How Sought; Parties

1. Except as provided in paragraph 2 of this Rule, the peti-
tioner shall file 40 copies of a petition for a writ of certiorari,
prepared as required by Rule 33.1, and shall pay the Rule
38(a) docket fee.
2. A petitioner proceeding in forma pauperis under Rule
39 shall file an original and 10 copies of a petition for a writ
of certiorari prepared as required by Rule 33.2, together
with an original and 10 copies of the motion for leave to
proceed in forma pauperis. A copy of the motion shall pre-
cede and be attached to each copy of the petition. An in-
mate confined in an institution, if proceeding in forma pau-

peris and not represented by counsel, need file only an
original petition and motion.
3. Whether prepared under Rule 33.1 or Rule 33.2, the
petition shall comply in all respects with Rule 14 and shall
be submitted with proof of service as required by Rule 29.
The case then will be placed on the docket. It is the peti-
tioner’s duty to notify all respondents promptly, on a form
supplied by the Clerk, of the date of filing, the date the case
was placed on the docket, and the docket number of the case.
The notice shall be served as required by Rule 29.
4. Parties interested jointly, severally, or otherwise in a
judgment may petition separately for a writ of certiorari; or
any two or more may join in a petition. A party not shown
on the petition as joined therein at the time the petition is
filed may not later join in that petition. When two or more
judgments are sought to be reviewed on a writ of certiorari
to the same court and involve identical or closely related
questions, a single petition for a writ of certiorari covering
all the judgments suffices. A petition for a writ of certiorari
may not be joined with any other pleading, except that any
motion for leave to proceed in forma pauperis shall be
attached.
5. No more than 30 days after a case has been placed on
the docket, a respondent seeking to file a conditional cross-
petition (i. e., a cross-petition that otherwise would be un-
timely) shall file, with proof of service as required by Rule
29, 40 copies of the cross-petition prepared as required by
Rule 33.1, except that a cross-petitioner proceeding in forma
pauperis under Rule 39 shall comply with Rule 12.2. The
cross-petition shall comply in all respects with this Rule and
Rule 14, except that material already reproduced in the ap-
pendix to the opening petition need not be reproduced again.
A cross-petitioning respondent shall pay the Rule 38(a)
docket fee or submit a motion for leave to proceed in forma
pauperis. The cover of the cross-petition shall indicate
clearly that it is a conditional cross-petition. The cross-
petition then will be placed on the docket, subject to the
provisions of Rule 13.4. It is the cross-petitioner’s duty to

notify all cross-respondents promptly, on a form supplied by
the Clerk, of the date of filing, the date the cross-petition
was placed on the docket, and the docket number of the
cross-petition. The notice shall be served as required by
Rule 29. A cross-petition for a writ of certiorari may not
be joined with any other pleading, except that any motion
for leave to proceed in forma pauperis shall be attached.
The time to file a conditional cross-petition will not be
extended.
6. All parties to the proceeding in the court whose judg-
ment is sought to be reviewed are deemed parties entitled
to file documents in this Court, unless the petitioner notifies
the Clerk of this Court in writing of the petitioner’s belief
that one or more of the parties below have no interest in the
outcome of the petition. A copy of such notice shall be
served as required by Rule 29 on all parties to the proceed-
ing below. A party noted as no longer interested may re-
main a party by notifying the Clerk promptly, with service
on the other parties, of an intention to remain a party. All
parties other than the petitioner are considered respondents,
but any respondent who supports the position of a petitioner
shall meet the petitioner’s time schedule for filing docu-
ments, except that a response supporting the petition shall
be filed within 20 days after the case is placed on the docket,
and that time will not be extended. Parties who file no doc-
ument will not qualify for any relief from this Court.
7. The clerk of the court having possession of the record
shall keep it until notified by the Clerk of this Court to cer-
tify and transmit it. In any document filed with this Court,
a party may cite or quote from the record, even if it has
not been transmitted to this Court. When requested by the
Clerk of this Court to certify and transmit the record, or any
part of it, the clerk of the court having possession of the
record shall number the documents to be certified and shall
transmit therewith a numbered list specifically identifying
each document transmitted. If the record, or stipulated por-
tions, have been printed for the use of the court below, that
printed record, plus the proceedings in the court below, may

be certified as the record unless one of the parties or the
Clerk of this Court requests otherwise. The record may
consist of certified copies, but if the lower court is of the
view that original documents of any kind should be seen by
this Court, that court may provide by order for the trans-
port, safekeeping, and return of such originals.
Rule 13. Review on Certiorari: Time for Petitioning

1. Unless otherwise provided by law, a petition for a writ
of certiorari to review a judgment in any case, civil or crimi-
nal, entered by a state court of last resort or a United States
court of appeals (including the United States Court of Ap-
peals for the Armed Forces) is timely when it is filed with
the Clerk of this Court within 90 days after entry of the
judgment. A petition for a writ of certiorari seeking review
of a judgment of a lower state court that is subject to discre-
tionary review by the state court of last resort is timely
when it is filed with the Clerk within 90 days after entry of
the order denying discretionary review.
2. The Clerk will not file any petition for a writ of certio-
rari that is jurisdictionally out of time. See, e. g., 28
U. S. C. § 2101(c).
3. The time to file a petition for a writ of certiorari runs
from the date of entry of the judgment or order sought to be
reviewed, and not from the issuance date of the mandate (or
its equivalent under local practice). But if a petition for re-
hearing is timely filed in the lower court by any party, or if
the lower court appropriately entertains an untimely peti-
tion for rehearing or sua sponte considers rehearing, the
time to file the petition for a writ of certiorari for all parties
(whether or not they requested rehearing or joined in the
petition for rehearing) runs from the date of the denial of
rehearing or, if rehearing is granted, the subsequent entry
of judgment.
4. A cross-petition for a writ of certiorari is timely when
it is filed with the Clerk as provided in paragraphs 1, 3, and
5 of this Rule, or in Rule 12.5. However, a conditional cross-
petition (which except for Rule 12.5 would be untimely) will

not be granted unless another party’s timely petition for a
writ of certiorari is granted.
5. For good cause, a Justice may extend the time to file a
petition for a writ of certiorari for a period not exceeding 60
days. An application to extend the time to file shall set out
the basis for jurisdiction in this Court, identify the judgment
sought to be reviewed, include a copy of the opinion and any
order respecting rehearing, and set out specific reasons why
an extension of time is justified. The application must be
filed with the Clerk at least 10 days before the date the peti-
tion is due, except in extraordinary circumstances. For the
time and manner of presenting the application, see Rules 21,
22, 30, and 33.2. An application to extend the time to file a
petition for a writ of certiorari is not favored.
Rule 14. Content of a Petition for a Writ of Certiorari

1. A petition for a writ of certiorari shall contain, in the
order indicated:
(a) The questions presented for review, expressed con-
cisely in relation to the circumstances of the case, without
unnecessary detail. The questions should be short and
should not be argumentative or repetitive. If the petitioner
or respondent is under a death sentence that may be affected
by the disposition of the petition, the notation “capital case”
shall precede the questions presented. The questions shall
be set out on the first page following the cover, and no other
information may appear on that page. The statement of any
question presented is deemed to comprise every subsidiary
question fairly included therein. Only the questions set out
in the petition, or fairly included therein, will be considered
by the Court.
(b) A list of all parties to the proceeding in the court
whose judgment is sought to be reviewed (unless the caption
of the case contains the names of all the parties), and a corpo-
rate disclosure statement as required by Rule 29.6.
(c) If the petition exceeds five pages or 1,500 words, a

table of contents and a table of cited authorities. The table
of contents shall include the items contained in the appendix.
(d) Citations of the official and unofficial reports of the
opinions and orders entered in the case by courts or adminis-
trative agencies.
(e) A concise statement of the basis for jurisdiction in this
Court, showing:
(i) the date the judgment or order sought to be re-
viewed was entered (and, if applicable, a statement that
the petition is filed under this Court’s Rule 11);
(ii) the date of any order respecting rehearing, and
the date and terms of any order granting an extension
of time to file the petition for a writ of certiorari;
(iii) express reliance on Rule 12.5, when a cross-
petition for a writ of certiorari is filed under that Rule,
and the date of docketing of the petition for a writ of
certiorari in connection with which the cross-petition is
filed;
(iv) the statutory provision believed to confer on this
Court jurisdiction to review on a writ of certiorari the
judgment or order in question; and
(v) if applicable, a statement that the notifications re-
quired by Rule 29.4(b) or (c) have been made.
(f) The constitutional provisions, treaties, statutes, ordi-

nances, and regulations involved in the case, set out verba-
tim with appropriate citation. If the provisions involved are
lengthy, their citation alone suffices at this point, and their
pertinent text shall be set out in the appendix referred to in
subparagraph 1(i).
(g) A concise statement of the case setting out the facts
material to consideration of the questions presented, and also
containing the following:
(i) If review of a state-court judgment is sought, speci-
fication of the stage in the proceedings, both in the court
of first instance and in the appellate courts, when the
federal questions sought to be reviewed were raised; the

method or manner of raising them and the way in which
they were passed on by those courts; and pertinent quo-
tations of specific portions of the record or summary
thereof, with specific reference to the places in the rec-
ord where the matter appears (e. g., court opinion, ruling
on exception, portion of court’s charge and exception
thereto, assignment of error), so as to show that the fed-
eral question was timely and properly raised and that
this Court has jurisdiction to review the judgment on a
writ of certiorari. When the portions of the record re-
lied on under this subparagraph are voluminous, they
shall be included in the appendix referred to in subpara-
graph 1(i).
(ii) If review of a judgment of a United States court
of appeals is sought, the basis for federal jurisdiction in
the court of first instance.
(h) A direct and concise argument amplifying the reasons
relied on for allowance of the writ. See Rule 10.
(i) An appendix containing, in the order indicated:
(i) the opinions, orders, findings of fact, and conclu-
sions of law, whether written or orally given and tran-
scribed, entered in conjunction with the judgment
sought to be reviewed;
(ii) any other relevant opinions, orders, findings of
fact, and conclusions of law entered in the case by courts
or administrative agencies, and, if reference thereto is
necessary to ascertain the grounds of the judgment, of
those in companion cases (each document shall include
the caption showing the name of the issuing court or
agency, the title and number of the case, and the date
of entry);
(iii) any order on rehearing, including the caption
showing the name of the issuing court, the title and
number of the case, and the date of entry;
(iv) the judgment sought to be reviewed if the date
of its entry is different from the date of the opinion
or order required in sub-subparagraph (i) of this

subparagraph;
(v) material required by subparagraphs 1(f) or
1(g)(i); and
(vi) any other material the petitioner believes essen-
tial to understand the petition.
If the material required by this subparagraph is voluminous,
it may be presented in a separate volume or volumes with
appropriate covers.
2. All contentions in support of a petition for a writ of
certiorari shall be set out in the body of the petition, as pro-
vided in subparagraph 1(h) of this Rule. No separate brief
in support of a petition for a writ of certiorari may be filed,
and the Clerk will not file any petition for a writ of certiorari
to which any supporting brief is annexed or appended.
3. A petition for a writ of certiorari should be stated
briefly and in plain terms and may not exceed the word or
page limitations specified in Rule 33.
4. The failure of a petitioner to present with accuracy,
brevity, and clarity whatever is essential to ready and ade-
quate understanding of the points requiring consideration is
sufficient reason for the Court to deny a petition.
5. If the Clerk determines that a petition submitted timely
and in good faith is in a form that does not comply with this
Rule or with Rule 33 or Rule 34, the Clerk will return it
with a letter indicating the deficiency. A corrected petition
submitted in accordance with Rule 29.2 no more than 60 days
after the date of the Clerk’s letter will be deemed timely.
Rule 15. Briefs in Opposition; Reply Briefs;

Supplemental Briefs
1. A brief in opposition to a petition for a writ of certiorari
may be filed by the respondent in any case, but is not manda-
tory except in a capital case, see Rule 14.1(a), or when or-
dered by the Court.
2. A brief in opposition should be stated briefly and in
plain terms and may not exceed the word or page limitations
specified in Rule 33. In addition to presenting other argu-

ments for denying the petition, the brief in opposition should
address any perceived misstatement of fact or law in the
petition that bears on what issues properly would be before
the Court if certiorari were granted. Counsel are admon-
ished that they have an obligation to the Court to point out
in the brief in opposition, and not later, any perceived mis-
statement made in the petition. Any objection to consider-
ation of a question presented based on what occurred in the
proceedings below, if the objection does not go to jurisdic-
tion, may be deemed waived unless called to the Court’s at-
tention in the brief in opposition.
3. Any brief in opposition shall be filed within 30 days
after the case is placed on the docket, unless the time is ex-
tended by the Court or a Justice, or by the Clerk under Rule
30.4. Forty copies shall be filed, except that a respondent
proceeding in forma pauperis under Rule 39, including an
inmate of an institution, shall file the number of copies re-
quired for a petition by such a person under Rule 12.2, to-
gether with a motion for leave to proceed in forma pauperis,
a copy of which shall precede and be attached to each copy
of the brief in opposition. If the petitioner is proceeding
in forma pauperis, the respondent shall prepare its brief in
opposition, if any, as required by Rule 33.2, and shall file an
original and 10 copies of that brief. Whether prepared
under Rule 33.1 or Rule 33.2, the brief in opposition shall
comply with the requirements of Rule 24 governing a re-
spondent’s brief, except that no summary of the argument is
required. A brief in opposition may not be joined with any
other pleading, except that any motion for leave to proceed
in forma pauperis shall be attached. The brief in opposi-
tion shall be served as required by Rule 29.
4. No motion by a respondent to dismiss a petition for a
writ of certiorari may be filed. Any objections to the juris-
diction of the Court to grant a petition for a writ of certiorari
shall be included in the brief in opposition.
5. The Clerk will distribute the petition to the Court for
its consideration upon receiving an express waiver of the
right to file a brief in opposition, or, if no waiver or brief in

opposition is filed, upon the expiration of the time allowed
for filing. If a brief in opposition is timely filed, the Clerk
will distribute the petition, brief in opposition, and any reply
brief to the Court for its consideration no less than 10 days
after the brief in opposition is filed.
6. Any petitioner may file a reply brief addressed to new
points raised in the brief in opposition, but distribution and
consideration by the Court under paragraph 5 of this Rule
will not be deferred pending its receipt. Forty copies shall
be filed, except that a petitioner proceeding in forma pau-
peris under Rule 39, including an inmate of an institution,
shall file the number of copies required for a petition by such
a person under Rule 12.2. The reply brief shall be served
as required by Rule 29.
7. If a cross-petition for a writ of certiorari has been dock-
eted, distribution of both petitions will be deferred until the
cross-petition is due for distribution under this Rule.
8. Any party may file a supplemental brief at any time
while a petition for a writ of certiorari is pending, calling
attention to new cases, new legislation, or other intervening
matter not available at the time of the party’s last filing. A
supplemental brief shall be restricted to new matter and
shall follow, insofar as applicable, the form for a brief in oppo-
sition prescribed by this Rule. Forty copies shall be filed,
except that a party proceeding in forma pauperis under
Rule 39, including an inmate of an institution, shall file the
number of copies required for a petition by such a person
under Rule 12.2. The supplemental brief shall be served as
required by Rule 29.
Rule 16. Disposition of a Petition for a Writ of

Certiorari
1. After considering the documents distributed under
Rule 15, the Court will enter an appropriate order. The
order may be a summary disposition on the merits.
2. Whenever the Court grants a petition for a writ of cer-
tiorari, the Clerk will prepare, sign, and enter an order to
that effect and will notify forthwith counsel of record and

the court whose judgment is to be reviewed. The case then
will be scheduled for briefing and oral argument. If the rec-
ord has not previously been filed in this Court, the Clerk will
request the clerk of the court having possession of the record
to certify and transmit it. A formal writ will not issue un-
less specially directed.
3. Whenever the Court denies a petition for a writ of cer-
tiorari, the Clerk will prepare, sign, and enter an order to
that effect and will notify forthwith counsel of record and
the court whose judgment was sought to be reviewed. The
order of denial will not be suspended pending disposition of
a petition for rehearing except by order of the Court or a
Justice.
PART IV. OTHER J URISDICTION

Rule 17. Procedure in an Original Action
1. This Rule applies only to an action invoking the Court’s
original jurisdiction under Article III of the Constitution of
the United States. See also 28 U. S. C. § 1251 and U. S.
Const., Amdt. 11. A petition for an extraordinary writ in
aid of the Court’s appellate jurisdiction shall be filed as pro-
vided in Rule 20.
2. The form of pleadings and motions prescribed by the
Federal Rules of Civil Procedure is followed. In other re-
spects, those Rules and the Federal Rules of Evidence may
be taken as guides.
3. The initial pleading shall be preceded by a motion for
leave to file, and may be accompanied by a brief in support
of the motion. Forty copies of each document shall be filed,
with proof of service. Service shall be as required by Rule
29, except that when an adverse party is a State, service
shall be made on both the Governor and the Attorney Gen-
eral of that State.
4. The case will be placed on the docket when the motion
for leave to file and the initial pleading are filed with the
Clerk. The Rule 38(a) docket fee shall be paid at that time.
5. No more than 60 days after receiving the motion for

leave to file and the initial pleading, an adverse party shall
file 40 copies of any brief in opposition to the motion, with
proof of service as required by Rule 29. The Clerk will dis-
tribute the filed documents to the Court for its consideration
upon receiving an express waiver of the right to file a brief
in opposition, or, if no waiver or brief is filed, upon the expi-
ration of the time allowed for filing. If a brief in opposition
is timely filed, the Clerk will distribute the filed documents
to the Court for its consideration no less than 10 days after
the brief in opposition is filed. A reply brief may be filed,
but consideration of the case will not be deferred pending its
receipt. The Court thereafter may grant or deny the mo-
tion, set it for oral argument, direct that additional docu-
ments be filed, or require that other proceedings be
conducted.
6. A summons issued out of this Court shall be served on
the defendant 60 days before the return day specified
therein. If the defendant does not respond by the return
day, the plaintiff may proceed ex parte.
7. Process against a State issued out of this Court shall be
served on both the Governor and the Attorney General of
that State.
Rule 18. Appeal from a United States District Court

1. When a direct appeal from a decision of a United States
district court is authorized by law, the appeal is commenced
by filing a notice of appeal with the clerk of the district court
within the time provided by law after entry of the judgment
sought to be reviewed. The time to file may not be ex-
tended. The notice of appeal shall specify the parties taking
the appeal, designate the judgment, or part thereof, ap-
pealed from and the date of its entry, and specify the statute
or statutes under which the appeal is taken. A copy of the
notice of appeal shall be served on all parties to the proceed-
ing as required by Rule 29, and proof of service shall be filed
in the district court together with the notice of appeal.
2. All parties to the proceeding in the district court are

deemed parties entitled to file documents in this Court, but
a party having no interest in the outcome of the appeal may
so notify the Clerk of this Court and shall serve a copy of
the notice on all other parties. Parties interested jointly,
severally, or otherwise in the judgment may appeal sepa-
rately, or any two or more may join in an appeal. When
two or more judgments involving identical or closely related
questions are sought to be reviewed on appeal from the same
court, a notice of appeal for each judgment shall be filed with
the clerk of the district court, but a single jurisdictional
statement covering all the judgments suffices. Parties who
file no document will not qualify for any relief from this
Court.
3. No more than 60 days after filing the notice of appeal
in the district court, the appellant shall file 40 copies of a
jurisdictional statement and shall pay the Rule 38 docket fee,
except that an appellant proceeding in forma pauperis
under Rule 39, including an inmate of an institution, shall file
the number of copies required for a petition by such a person
under Rule 12.2, together with a motion for leave to proceed
in forma pauperis, a copy of which shall precede and be
attached to each copy of the jurisdictional statement. The
jurisdictional statement shall follow, insofar as applicable,
the form for a petition for a writ of certiorari prescribed by
Rule 14, and shall be served as required by Rule 29. The
case will then be placed on the docket. It is the appellant’s
duty to notify all appellees promptly, on a form supplied by
the Clerk, of the date of filing, the date the case was placed
on the docket, and the docket number of the case. The no-
tice shall be served as required by Rule 29. The appendix
shall include a copy of the notice of appeal showing the date
it was filed in the district court. For good cause, a Justice
may extend the time to file a jurisdictional statement for a
period not exceeding 60 days. An application to extend the
time to file a jurisdictional statement shall set out the basis
for jurisdiction in this Court; identify the judgment sought
to be reviewed; include a copy of the opinion, any order re-
specting rehearing, and the notice of appeal; and set out spe-
cific reasons why an extension of time is justified. For the
time and manner of presenting the application, see Rules 21,
22, and 30. An application to extend the time to file a juris-
dictional statement is not favored.
4. No more than 30 days after a case has been placed on
the docket, an appellee seeking to file a conditional cross-
appeal (i. e., a cross-appeal that otherwise would be un-
timely) shall file, with proof of service as required by Rule
29, a jurisdictional statement that complies in all respects
(including number of copies filed) with paragraph 3 of this
Rule, except that material already reproduced in the appen-
dix to the opening jurisdictional statement need not be re-
produced again. A cross-appealing appellee shall pay the
Rule 38 docket fee or submit a motion for leave to proceed
in forma pauperis. The cover of the cross-appeal shall indi-
cate clearly that it is a conditional cross-appeal. The cross-
appeal then will be placed on the docket. It is the cross-
appellant’s duty to notify all cross-appellees promptly, on a
form supplied by the Clerk, of the date of filing, the date the
cross-appeal was placed on the docket, and the docket num-
ber of the cross-appeal. The notice shall be served as re-
quired by Rule 29. A cross-appeal may not be joined with
any other pleading, except that any motion for leave to pro-
ceed in forma pauperis shall be attached. The time to file
a cross-appeal will not be extended.
5. After a notice of appeal has been filed in the district
court, but before the case is placed on this Court’s docket,
the parties may dismiss the appeal by stipulation filed in the
district court, or the district court may dismiss the appeal
on the appellant’s motion, with notice to all parties. If a
notice of appeal has been filed, but the case has not been
placed on this Court’s docket within the time prescribed for
docketing, the district court may dismiss the appeal on the
appellee’s motion, with notice to all parties, and may make
any just order with respect to costs. If the district court
has denied the appellee’s motion to dismiss the appeal, the
appellee may move this Court to docket and dismiss the ap-
peal by filing an original and 10 copies of a motion presented

in conformity with Rules 21 and 33.2. The motion shall be
accompanied by proof of service as required by Rule 29, and
by a certificate from the clerk of the district court, certifying
that a notice of appeal was filed and that the appellee’s mo-
tion to dismiss was denied. The appellant may not thereaf-
ter file a jurisdictional statement without special leave of the
Court, and the Court may allow costs against the appellant.
6. Within 30 days after the case is placed on this Court’s
docket, the appellee may file a motion to dismiss, to affirm,
or in the alternative to affirm or dismiss. Forty copies of
the motion shall be filed, except that an appellee proceeding
in forma pauperis under Rule 39, including an inmate of an
institution, shall file the number of copies required for a peti-
tion by such a person under Rule 12.2, together with a mo-
tion for leave to proceed in forma pauperis, a copy of which
shall precede and be attached to each copy of the motion to
dismiss, to affirm, or in the alternative to affirm or dismiss.
The motion shall follow, insofar as applicable, the form for a
brief in opposition prescribed by Rule 15, and shall comply
in all respects with Rule 21.
7. The Clerk will distribute the jurisdictional statement to
the Court for its consideration upon receiving an express
waiver of the right to file a motion to dismiss or to affirm or,
if no waiver or motion is filed, upon the expiration of the
time allowed for filing. If a motion to dismiss or to affirm
is timely filed, the Clerk will distribute the jurisdictional
statement, motion, and any brief opposing the motion to the
Court for its consideration no less than 10 days after the
motion is filed.
8. Any appellant may file a brief opposing a motion to dis-
miss or to affirm, but distribution and consideration by the
Court under paragraph 7 of this Rule will not be deferred
pending its receipt. Forty copies shall be filed, except that
an appellant proceeding in forma pauperis under Rule 39,
including an inmate of an institution, shall file the number of
copies required for a petition by such a person under Rule
12.2. The brief shall be served as required by Rule 29.
9. If a cross-appeal has been docketed, distribution of both

jurisdictional statements will be deferred until the cross-
appeal is due for distribution under this Rule.
10. Any party may file a supplemental brief at any time
while a jurisdictional statement is pending, calling attention
to new cases, new legislation, or other intervening matter
not available at the time of the party’s last filing. A supple-
mental brief shall be restricted to new matter and shall fol-
low, insofar as applicable, the form for a brief in opposition
prescribed by Rule 15. Forty copies shall be filed, except
that a party proceeding in forma pauperis under Rule 39,
including an inmate of an institution, shall file the number of
copies required for a petition by such a person under Rule
12.2. The supplemental brief shall be served as required by
Rule 29.
11. The clerk of the district court shall retain possession
of the record until notified by the Clerk of this Court to cer-
tify and transmit it. See Rule 12.7.
12. After considering the documents distributed under
this Rule, the Court may dispose summarily of the appeal on
the merits, note probable jurisdiction, or postpone consider-
ation of jurisdiction until a hearing of the case on the merits.
If not disposed of summarily, the case stands for briefing and
oral argument on the merits. If consideration of jurisdiction
is postponed, counsel, at the outset of their briefs and at oral
argument, shall address the question of jurisdiction. If the
record has not previously been filed in this Court, the Clerk
of this Court will request the clerk of the court in possession
of the record to certify and transmit it.
13. If the Clerk determines that a jurisdictional statement
submitted timely and in good faith is in a form that does not
comply with this Rule or with Rule 33 or Rule 34, the Clerk
will return it with a letter indicating the deficiency. If a
corrected jurisdictional statement is submitted in accordance
with Rule 29.2 no more than 60 days after the date of the
Clerk’s letter it will be deemed timely.
Rule 19. Procedure on a Certified Question

1. A United States court of appeals may certify to this
Court a question or proposition of law on which it seeks in-
struction for the proper decision of a case. The certificate
shall contain a statement of the nature of the case and the
facts on which the question or proposition of law arises.
Only questions or propositions of law may be certified, and
they shall be stated separately and with precision. The cer-
tificate shall be prepared as required by Rule 33.2 and shall
be signed by the clerk of the court of appeals.
2. When a question is certified by a United States court
of appeals, this Court, on its own motion or that of a party,
may consider and decide the entire matter in controversy.
See 28 U. S. C. § 1254(2).
3. When a question is certified, the Clerk will notify the
parties and docket the case. Counsel shall then enter their
appearances. After docketing, the Clerk will submit the
certificate to the Court for a preliminary examination to de-
termine whether the case should be briefed, set for argu-
ment, or dismissed. No brief may be filed until the prelimi-
nary examination of the certificate is completed.
4. If the Court orders the case briefed or set for argument,
the parties will be notified and permitted to file briefs. The
Clerk of this Court then will request the clerk of the court
in possession of the record to certify and transmit it. Any
portion of the record to which the parties wish to direct the
Court’s particular attention should be printed in a joint ap-
pendix, prepared in conformity with Rule 26 by the appellant
or petitioner in the court of appeals, but the fact that any
part of the record has not been printed does not prevent the
parties or the Court from relying on it.
5. A brief on the merits in a case involving a certified
question shall comply with Rules 24, 25, and 33.1, except that
the brief for the party who is the appellant or petitioner
below shall be filed within 45 days of the order requiring
briefs or setting the case for argument.
Rule 20. Procedure on a Petition for an Extraordinary

Writ
1. Issuance by the Court of an extraordinary writ author-
ized by 28 U. S. C. § 1651(a) is not a matter of right, but of
discretion sparingly exercised. To justify the granting of
any such writ, the petition must show that the writ will be
in aid of the Court’s appellate jurisdiction, that exceptional
circumstances warrant the exercise of the Court’s discretion-
ary powers, and that adequate relief cannot be obtained in
any other form or from any other court.
2. A petition seeking a writ authorized by 28 U. S. C.
§ 1651(a), § 2241, or § 2254(a) shall be prepared in all respects
as required by Rules 33 and 34. The petition shall be cap-
tioned “In re [name of petitioner]” and shall follow, insofar
as applicable, the form of a petition for a writ of certiorari
prescribed by Rule 14. All contentions in support of the
petition shall be included in the petition. The case will be
placed on the docket when 40 copies of the petition are filed
with the Clerk and the docket fee is paid, except that a peti-
tioner proceeding in forma pauperis under Rule 39, includ-
ing an inmate of an institution, shall file the number of copies
required for a petition by such a person under Rule 12.2,
together with a motion for leave to proceed in forma pau-
peris, a copy of which shall precede and be attached to each
copy of the petition. The petition shall be served as re-
quired by Rule 29 (subject to subparagraph 4(b) of this Rule).
3. (a) A petition seeking a writ of prohibition, a writ of
mandamus, or both in the alternative shall state the name
and office or function of every person against whom relief is
sought and shall set out with particularity why the relief
sought is not available in any other court. A copy of the
judgment with respect to which the writ is sought, including
any related opinion, shall be appended to the petition to-
gether with any other document essential to understanding
the petition.
(b) The petition shall be served on every party to the pro-
ceeding with respect to which relief is sought. Within 30
days after the petition is placed on the docket, a party shall

file 40 copies of any brief or briefs in opposition thereto,
which shall comply fully with Rule 15. If a party named as
a respondent does not wish to respond to the petition, that
party may so advise the Clerk and all other parties by letter.
All persons served are deemed respondents for all purposes
in the proceedings in this Court.
4. (a) A petition seeking a writ of habeas corpus shall
comply with the requirements of 28 U. S. C. §§ 2241 and 2242,
and in particular with the provision in the last paragraph of
§ 2242, which requires a statement of the “reasons for not
making application to the district court of the district in
which the applicant is held.” If the relief sought is from the
judgment of a state court, the petition shall set out specifi-
cally how and where the petitioner has exhausted available
remedies in the state courts or otherwise comes within the
provisions of 28 U. S. C. § 2254(b). To justify the granting
of a writ of habeas corpus, the petitioner must show that
exceptional circumstances warrant the exercise of the
Court’s discretionary powers, and that adequate relief cannot
be obtained in any other form or from any other court. This
writ is rarely granted.
(b) Habeas corpus proceedings, except in capital cases, are
ex parte, unless the Court requires the respondent to show
cause why the petition for a writ of habeas corpus should not
be granted. A response, if ordered, or in a capital case, shall
comply fully with Rule 15. Neither the denial of the peti-
tion, without more, nor an order of transfer to a district court
under the authority of 28 U. S. C. § 2241(b), is an adjudication
on the merits, and therefore does not preclude further appli-
cation to another court for the relief sought.
5. The Clerk will distribute the documents to the Court
for its consideration when a brief in opposition under subpar-
agraph 3(b) of this Rule has been filed, when a response
under subparagraph 4(b) has been ordered and filed, when
the time to file has expired, or when the right to file has been
expressly waived.
6. If the Court orders the case set for argument, the Clerk
will notify the parties whether additional briefs are required,
when they shall be filed, and, if the case involves a petition
for a common-law writ of certiorari, that the parties shall
prepare a joint appendix in accordance with Rule 26.
PART V. MOTIONS AND APPLICATIONS

Rule 21. Motions to the Court
1. Every motion to the Court shall clearly state its pur-
pose and the facts on which it is based and may present legal
argument in support thereof. No separate brief may be
filed. A motion should be concise and shall comply with any
applicable page limits. Rule 22 governs an application ad-
dressed to a single Justice.
2. (a) A motion in any action within the Court’s original
jurisdiction shall comply with Rule 17.3.
(b) A motion to dismiss as moot (or a suggestion of moot-
ness), a motion for leave to file a brief as amicus curiae, and
any motion the granting of which would dispose of the entire
case or would affect the final judgment to be entered (other
than a motion to docket and dismiss under Rule 18.5 or a
motion for voluntary dismissal under Rule 46) shall be pre-
pared as required by Rule 33.1, and 40 copies shall be filed,
except that a movant proceeding in forma pauperis under
Rule 39, including an inmate of an institution, shall file a
motion prepared as required by Rule 33.2, and shall file the
number of copies required for a petition by such a person
under Rule 12.2. The motion shall be served as required by
Rule 29.
(c) Any other motion to the Court shall be prepared as
required by Rule 33.2; the moving party shall file an original
and 10 copies. The Court subsequently may order the mov-
ing party to prepare the motion as required by Rule 33.1; in
that event, the party shall file 40 copies.
3. A motion to the Court shall be filed with the Clerk and
shall be accompanied by proof of service as required by Rule
29. No motion may be presented in open Court, other than
a motion for admission to the Bar, except when the proceed-

ing to which it refers is being argued. Oral argument on a
motion will not be permitted unless the Court so directs.
4. Any response to a motion shall be filed as promptly as
possible considering the nature of the relief sought and any
asserted need for emergency action, and, in any event,
within 10 days of receipt, unless the Court or a Justice, or
the Clerk under Rule 30.4, orders otherwise. A response to
a motion prepared as required by Rule 33.1, except a re-
sponse to a motion for leave to file an amicus curiae brief
(see Rule 37.5), shall be prepared in the same manner if time
permits. In an appropriate case, the Court may act on a
motion without waiting for a response.
Rule 22. Applications to Individual Justices

1. An application addressed to an individual Justice shall
be filed with the Clerk, who will transmit it promptly to the
Justice concerned if an individual Justice has authority to
grant the sought relief.
2. The original and two copies of any application ad-
dressed to an individual Justice shall be prepared as required
by Rule 33.2, and shall be accompanied by proof of service
3. An application shall be addressed to the Justice allotted
to the Circuit from which the case arises. An application
arising from the United States Court of Appeals for the
Armed Forces shall be addressed to the Chief Justice.
When the Circuit Justice is unavailable for any reason, the
application addressed to that Justice will be distributed to
the Justice then available who is next junior to the Circuit
Justice; the turn of the Chief Justice follows that of the most
junior Justice.
4. A Justice denying an application will note the denial
thereon. Thereafter, unless action thereon is restricted by
law to the Circuit Justice or is untimely under Rule 30.2,
the party making an application, except in the case of an
application for an extension of time, may renew it to any
other Justice, subject to the provisions of this Rule. Except
when the denial is without prejudice, a renewed application

is not favored. Renewed application is made by a letter to
the Clerk, designating the Justice to whom the application is
to be directed, and accompanied by 10 copies of the original
application and proof of service as required by Rule 29.
5. A Justice to whom an application for a stay or for bail
is submitted may refer it to the Court for determination.
6. The Clerk will advise all parties concerned, by appro-
priately speedy means, of the disposition made of an
application.
Rule 23. Stays

1. A stay may be granted by a Justice as permitted by law.
2. A party to a judgment sought to be reviewed may pre-
sent to a Justice an application to stay the enforcement of
that judgment. See 28 U. S. C. § 2101(f).
3. An application for a stay shall set out with particularity
why the relief sought is not available from any other court
or judge. Except in the most extraordinary circumstances,
an application for a stay will not be entertained unless the
relief requested was first sought in the appropriate court or
courts below or from a judge or judges thereof. An applica-
tion for a stay shall identify the judgment sought to be re-
viewed and have appended thereto a copy of the order and
opinion, if any, and a copy of the order, if any, of the court
or judge below denying the relief sought, and shall set out
specific reasons why a stay is justified. The form and con-
tent of an application for a stay are governed by Rules 22
and 33.2.
4. A judge, court, or Justice granting an application for a
stay pending review by this Court may condition the stay on
the filing of a supersedeas bond having an approved surety
or sureties. The bond will be conditioned on the satisfaction
of the judgment in full, together with any costs, interest, and
damages for delay that may be awarded. If a part of the
judgment sought to be reviewed has already been satisfied,
or is otherwise secured, the bond may be conditioned on the
satisfaction of the part of the judgment not otherwise se-

cured or satisfied, together with costs, interest, and damages.
PART VI. BRIEFS ON THE MERITS AND ORAL ARGUMENT

Rule 24. Briefs on the Merits: In General
1. A brief on the merits for a petitioner or an appellant
shall comply in all respects with Rules 33.1 and 34 and shall
contain in the order here indicated:
(a) The questions presented for review under Rule 14.1(a).
The questions shall be set out on the first page following the
cover, and no other information may appear on that page.
The phrasing of the questions presented need not be identi-
cal with that in the petition for a writ of certiorari or the
jurisdictional statement, but the brief may not raise addi-
tional questions or change the substance of the questions
already presented in those documents. At its option, how-
ever, the Court may consider a plain error not among the
questions presented but evident from the record and other-
wise within its jurisdiction to decide.
(b) A list of all parties to the proceeding in the court
whose judgment is under review (unless the caption of the
case in this Court contains the names of all parties). Any
amended corporate disclosure statement as required by Rule
29.6 shall be placed here.
(c) If the brief exceeds five pages, a table of contents and
a table of cited authorities.
(d) Citations of the official and unofficial reports of the
opinions and orders entered in the case by courts and admin-
istrative agencies.
(e) A concise statement of the basis for jurisdiction in this
Court, including the statutory provisions and time factors on
which jurisdiction rests.
(f) The constitutional provisions, treaties, statutes, ordi-
nances, and regulations involved in the case, set out verba-
tim with appropriate citation. If the provisions involved are
lengthy, their citation alone suffices at this point, and their
pertinent text, if not already set out in the petition for a
writ of certiorari, jurisdictional statement, or an appendix to

either document, shall be set out in an appendix to the brief.
(g) A concise statement of the case, setting out the facts
material to the consideration of the questions presented,
with appropriate references to the joint appendix, e. g., App.
12, or to the record, e. g., Record 12.
(h) A summary of the argument, suitably paragraphed.
The summary should be a clear and concise condensation of
the argument made in the body of the brief; mere repetition
of the headings under which the argument is arranged is
not sufficient.
(i) The argument, exhibiting clearly the points of fact and
of law presented and citing the authorities and statutes re-
lied on.
( j) A conclusion specifying with particularity the relief
the party seeks.
2. A brief on the merits for a respondent or an appellee
shall conform to the foregoing requirements, except that
items required by subparagraphs 1(a), (b), (d), (e), (f), and (g)
of this Rule need not be included unless the respondent or
appellee is dissatisfied with their presentation by the oppos-
ing party.
3. A brief on the merits may not exceed the word limita-
tions specified in Rule 33.1(g). An appendix to a brief may
include only relevant material, and counsel are cautioned not
to include in an appendix arguments or citations that prop-
erly belong in the body of the brief.
4. A reply brief shall conform to those portions of this
Rule applicable to the brief for a respondent or an appellee,
but, if appropriately divided by topical headings, need not
contain a summary of the argument.
5. A reference to the joint appendix or to the record set
out in any brief shall indicate the appropriate page number.
If the reference is to an exhibit, the page numbers at which
the exhibit appears, at which it was offered in evidence, and
at which it was ruled on by the judge shall be indicated, e. g.,
Pl. Exh. 14, Record 199, 2134.
6. A brief shall be concise, logically arranged with proper

headings, and free of irrelevant, immaterial, or scandalous
matter. The Court may disregard or strike a brief that does
not comply with this paragraph.
Rule 25. Briefs on the Merits: Number of Copies and

Time to File
1. The petitioner or appellant shall file 40 copies of the
brief on the merits within 45 days of the order granting the
writ of certiorari, noting probable jurisdiction, or postponing
consideration of jurisdiction. Any respondent or appellee
who supports the petitioner or appellant shall meet the peti-
tioner’s or appellant’s time schedule for filing documents.
2. The respondent or appellee shall file 40 copies of the
brief on the merits within 30 days after the brief for the
petitioner or appellant is filed.
3. The petitioner or appellant shall file 40 copies of the
reply brief, if any, within 30 days after the brief for the re-
spondent or appellee is filed, but any reply brief must actu-
ally be received by the Clerk not later than 2 p.m. one week
before the date of oral argument. Any respondent or appel-
lee supporting the petitioner or appellant may file a reply
brief.
4. The time periods stated in paragraphs 1, 2, and 3 of this
Rule may be extended as provided in Rule 30. An applica-
tion to extend the time to file a brief on the merits is not
favored. If a case is advanced for hearing, the time to file
briefs on the merits may be abridged as circumstances re-
quire pursuant to an order of the Court on its own motion or
that of a party.
5. A party wishing to present late authorities, newly
enacted legislation, or other intervening matter that was not
available in time to be included in a brief may file 40 copies
of a supplemental brief, restricted to such new matter and
otherwise presented in conformity with these Rules, up to
the time the case is called for oral argument or by leave of
the Court thereafter.
6. After a case has been argued or submitted, the Clerk

will not file any brief, except that of a party filed by leave of
the Court.
7. The Clerk will not file any brief that is not accompanied
by proof of service as required by Rule 29.
8. An electronic version of every brief on the merits shall
be transmitted to the Clerk of Court and to opposing counsel
of record at the time the brief is filed in accordance with
guidelines established by the Clerk. The electronic trans-
mission requirement is in addition to the requirement that
booklet-format briefs be timely filed.
Rule 26. Joint Appendix

1. Unless the Clerk has allowed the parties to use the de-
ferred method described in paragraph 4 of this Rule, the
petitioner or appellant, within 45 days after entry of the
order granting the writ of certiorari, noting probable juris-
diction, or postponing consideration of jurisdiction, shall file
40 copies of a joint appendix, prepared as required by Rule
33.1. The joint appendix shall contain: (1) the relevant
docket entries in all the courts below; (2) any relevant plead-
ings, jury instructions, findings, conclusions, or opinions; (3)
the judgment, order, or decision under review; and (4) any
other parts of the record that the parties particularly wish to
bring to the Court’s attention. Any of the foregoing items
already reproduced in a petition for a writ of certiorari, ju-
risdictional statement, brief in opposition to a petition for a
writ of certiorari, motion to dismiss or affirm, or any appen-
dix to the foregoing, that was prepared as required by Rule
33.1, need not be reproduced again in the joint appendix.
The petitioner or appellant shall serve three copies of the
joint appendix on each of the other parties to the proceeding
2. The parties are encouraged to agree on the contents of
the joint appendix. In the absence of agreement, the peti-
tioner or appellant, within 10 days after entry of the order
granting the writ of certiorari, noting probable jurisdiction,
or postponing consideration of jurisdiction, shall serve on the
respondent or appellee a designation of parts of the record

to be included in the joint appendix. Within 10 days after
receiving the designation, a respondent or appellee who con-
siders the parts of the record so designated insufficient shall
serve on the petitioner or appellant a designation of addi-
tional parts to be included in the joint appendix, and the
petitioner or appellant shall include the parts so designated.
If the Court has permitted the respondent or appellee to
proceed in forma pauperis, the petitioner or appellant may
seek by motion to be excused from printing portions of the
record the petitioner or appellant considers unnecessary. In
making these designations, counsel should include only those
materials the Court should examine; unnecessary designa-
tions should be avoided. The record is on file with the Clerk
and available to the Justices, and counsel may refer in briefs
and in oral argument to relevant portions of the record not
included in the joint appendix.
3. When the joint appendix is filed, the petitioner or appel-
lant immediately shall file with the Clerk a statement of the
cost of printing 50 copies and shall serve a copy of the state-
ment on each of the other parties as required by Rule 29.
Unless the parties agree otherwise, the cost of producing
the joint appendix shall be paid initially by the petitioner or
appellant; but a petitioner or appellant who considers that
parts of the record designated by the respondent or appellee
are unnecessary for the determination of the issues pre-
sented may so advise the respondent or appellee, who then
shall advance the cost of printing the additional parts, unless
the Court or a Justice otherwise fixes the initial allocation of
the costs. The cost of printing the joint appendix is taxed as
a cost in the case, but if a party unnecessarily causes matter
to be included in the joint appendix or prints excessive cop-
ies, the Court may impose these costs on that party.
4. (a) On the parties’ request, the Clerk may allow prepa-
ration of the joint appendix to be deferred until after the
briefs have been filed. In that event, the petitioner or ap-
pellant shall file the joint appendix no more than 14 days
after receiving the brief for the respondent or appellee. The
provisions of paragraphs 1, 2, and 3 of this Rule shall be

followed, except that the designations referred to therein
shall be made by each party when that party’s brief is
served. Deferral of the joint appendix is not favored.
(b) If the deferred method is used, the briefs on the merits
may refer to the pages of the record. In that event, the
joint appendix shall include in brackets on each page thereof
the page number of the record where that material may be
found. A party wishing to refer directly to the pages of the
joint appendix may serve and file copies of its brief prepared
as required by Rule 33.2 within the time provided by Rule
25, with appropriate references to the pages of the record.
In that event, within 10 days after the joint appendix is filed,
copies of the brief prepared as required by Rule 33.1 contain-
ing references to the pages of the joint appendix in place of,
or in addition to, the initial references to the pages of the
record, shall be served and filed. No other change may be
made in the brief as initially served and filed, except that
typographical errors may be corrected.
5. The joint appendix shall be prefaced by a table of con-
tents showing the parts of the record that it contains, in the
order in which the parts are set out, with references to the
pages of the joint appendix at which each part begins. The
relevant docket entries shall be set out after the table of
contents, followed by the other parts of the record in chrono-
logical order. When testimony contained in the reporter’s
transcript of proceedings is set out in the joint appendix, the
page of the transcript at which the testimony appears shall
be indicated in brackets immediately before the statement
that is set out. Omissions in the transcript or in any other
document printed in the joint appendix shall be indicated by
asterisks. Immaterial formal matters (e. g., captions, sub-
scriptions, acknowledgments) shall be omitted. A question
and its answer may be contained in a single paragraph.
6. Exhibits designated for inclusion in the joint appendix
may be contained in a separate volume or volumes suitably
indexed. The transcript of a proceeding before an adminis-
trative agency, board, commission, or officer used in an action
in a district court or court of appeals is regarded as an ex-

hibit for the purposes of this paragraph.
7. The Court, on its own motion or that of a party, may
dispense with the requirement of a joint appendix and may
permit a case to be heard on the original record (with such
copies of the record, or relevant parts thereof, as the Court
may require) or on the appendix used in the court below, if
it conforms to the requirements of this Rule.
8. For good cause, the time limits specified in this Rule
may be shortened or extended by the Court or a Justice, or
by the Clerk under Rule 30.4.
Rule 27. Calendar

1. From time to time, the Clerk will prepare a calendar of
cases ready for argument. A case ordinarily will not be
called for argument less than two weeks after the brief on
the merits for the respondent or appellee is due.
2. The Clerk will advise counsel when they are required
to appear for oral argument and will publish a hearing list
in advance of each argument session for the convenience of
counsel and the information of the public.
3. The Court, on its own motion or that of a party, may
order that two or more cases involving the same or related
questions be argued together as one case or on such other
terms as the Court may prescribe.
Rule 28. Oral Argument

1. Oral argument should emphasize and clarify the written
arguments in the briefs on the merits. Counsel should as-
sume that all Justices have read the briefs before oral argu-
ment. Oral argument read from a prepared text is not
favored.
2. The petitioner or appellant shall open and may conclude
the argument. A cross-writ of certiorari or cross-appeal
will be argued with the initial writ of certiorari or appeal as
one case in the time allowed for that one case, and the Court
will advise the parties who shall open and close.
3. Unless the Court directs otherwise, each side is allowed

one-half hour for argument. Counsel is not required to use
all the allotted time. Any request for additional time to
argue shall be presented by motion under Rule 21 in time to
be considered at a scheduled Conference prior to the date of
oral argument and no later than 7 days after the respondent’s
or appellee’s brief on the merits is filed, and shall set out
specifically and concisely why the case cannot be presented
within the half-hour limitation. Additional time is rarely
accorded.
4. Only one attorney will be heard for each side, except by
leave of the Court on motion filed in time to be considered
at a scheduled Conference prior to the date of oral argument
and no later than 7 days after the respondent’s or appellee’s
brief on the merits is filed. Any request for divided argu-
ment shall be presented by motion under Rule 21 and shall
set out specifically and concisely why more than one attorney
should be allowed to argue. Divided argument is not
favored.
5. Regardless of the number of counsel participating in
oral argument, counsel making the opening argument shall
present the case fairly and completely and not reserve points
of substance for rebuttal.
6. Oral argument will not be allowed on behalf of any
party for whom a brief has not been filed.
7. By leave of the Court, and subject to paragraph 4 of
this Rule, counsel for an amicus curiae whose brief has been
filed as provided in Rule 37 may argue orally on the side of
a party, with the consent of that party. In the absence of
consent, counsel for an amicus curiae may seek leave of the
Court to argue orally by a motion setting out specifically and
concisely why oral argument would provide assistance to the
Court not otherwise available. Such a motion will be
granted only in the most extraordinary circumstances.
PART VII. PRACTICE AND PROCEDURE

Rule 29. Filing and Service of Documents; Special
Notifications; Corporate Listing
1. Any document required or permitted to be presented to
the Court or to a Justice shall be filed with the Clerk.
2. A document is timely filed if it is received by the Clerk
within the time specified for filing; or if it is sent to the Clerk
through the United States Postal Service by first-class mail
(including express or priority mail), postage prepaid, and
bears a postmark, other than a commercial postage meter
label, showing that the document was mailed on or before
the last day for filing; or if it is delivered on or before the
last day for filing to a third-party commercial carrier for
delivery to the Clerk within 3 calendar days. If submitted
by an inmate confined in an institution, a document is timely
filed if it is deposited in the institution’s internal mail system
on or before the last day for filing and is accompanied by a
notarized statement or declaration in compliance with 28
U. S. C. § 1746 setting out the date of deposit and stating that
first-class postage has been prepaid. If the postmark is
missing or not legible, or if the third-party commercial car-
rier does not provide the date the document was received by
the carrier, the Clerk will require the person who sent the
document to submit a notarized statement or declaration in
compliance with 28 U. S. C. § 1746 setting out the details of
the filing and stating that the filing took place on a particular
date within the permitted time.
3. Any document required by these Rules to be served
may be served personally, by mail, or by third-party com-
mercial carrier for delivery within 3 calendar days on each
party to the proceeding at or before the time of filing. If
the document has been prepared as required by Rule 33.1,
three copies shall be served on each other party separately
represented in the proceeding. If the document has been
prepared as required by Rule 33.2, service of a single copy
on each other separately represented party suffices. If per-
sonal service is made, it shall consist of delivery at the office
of the counsel of record, either to counsel or to an employee

therein. If service is by mail or third-party commercial car-
rier, it shall consist of depositing the document with the
United States Postal Service, with no less than first-class
postage prepaid, or delivery to the carrier for delivery
within 3 calendar days, addressed to counsel of record at the
proper address. When a party is not represented by coun-
sel, service shall be made on the party, personally, by mail,
or by commercial carrier. Ordinarily, service on a party
must be by a manner at least as expeditious as the manner
used to file the document with the Court.
4. (a) If the United States or any federal department, of-
fice, agency, officer, or employee is a party to be served, serv-
ice shall be made on the Solicitor General of the United
States, Room 5614, Department of Justice, 950 Pennsylvania
Ave., N. W., Washington, DC 20530-0001. When an agency
of the United States that is a party is authorized by law to
appear before this Court on its own behalf, or when an officer
or employee of the United States is a party, the agency, offi-
cer, or employee shall be served in addition to the Solicitor
General.
(b) In any proceeding in this Court in which the constitu-
tionality of an Act of Congress is drawn into question, and
neither the United States nor any federal department, office,
agency, officer, or employee is a party, the initial document
filed in this Court shall recite that 28 U. S. C. § 2403(a) may
apply and shall be served on the Solicitor General of the
United States, Room 5614, Department of Justice, 950 Penn-
sylvania Ave., N. W., Washington, DC 20530-0001. In such
a proceeding from any court of the United States, as defined
by 28 U. S. C. § 451, the initial document also shall state
whether that court, pursuant to 28 U. S. C. § 2403(a),
certified to the Attorney General the fact that the constitu-
tionality of an Act of Congress was drawn into question.
See Rule 14.1(e)(v).
(c) In any proceeding in this Court in which the constitu-
tionality of any statute of a State is drawn into question, and
neither the State nor any agency, officer, or employee thereof
is a party, the initial document filed in this Court shall recite

that 28 U. S. C. § 2403(b) may apply and shall be served on
the Attorney General of that State. In such a proceeding
from any court of the United States, as defined by 28 U. S. C.
§ 451, the initial document also shall state whether that
court, pursuant to 28 U. S. C. § 2403(b), certified to the State
Attorney General the fact that the constitutionality of a stat-
ute of that State was drawn into question. See Rule
14.1(e)(v).
5. Proof of service, when required by these Rules, shall
accompany the document when it is presented to the Clerk
for filing and shall be separate from it. Proof of service
shall contain, or be accompanied by, a statement that all par-
ties required to be served have been served, together with
a list of the names, addresses, and telephone numbers of
counsel indicating the name of the party or parties each
counsel represents. It is not necessary that service on each
party required to be served be made in the same manner or
evidenced by the same proof. Proof of service may consist
of any one of the following:
(a) an acknowledgment of service, signed by counsel of
record for the party served, and bearing the address and
telephone number of such counsel;
(b) a certificate of service, reciting the facts and circum-
stances of service in compliance with the appropriate para-
graph or paragraphs of this Rule, and signed by a member
of the Bar of this Court representing the party on whose
behalf service is made or by an attorney appointed to repre-
sent that party under the Criminal Justice Act of 1964, see 18
U. S. C. § 3006A(d)(6), or under any other applicable federal
statute; or
(c) a notarized affidavit or declaration in compliance with
28 U. S. C. § 1746, reciting the facts and circumstances of
service in accordance with the appropriate paragraph or
paragraphs of this Rule, whenever service is made by any
person not a member of the Bar of this Court and not an
attorney appointed to represent a party under the Criminal
Justice Act of 1964, see 18 U. S. C. § 3006A(d)(6), or under

any other applicable federal statute.
6. Every document, except a joint appendix or amicus cu-
riae brief, filed by or on behalf of a nongovernmental corpo-
ration shall contain a corporate disclosure statement identi-
fying the parent corporations and listing any publicly held
company that owns 10% or more of the corporation’s stock.
If there is no parent or publicly held company owning 10%
or more of the corporation’s stock, a notation to this effect
shall be included in the document. If a statement has been
included in a document filed earlier in the case, reference
may be made to the earlier document (except when the ear-
lier statement appeared in a document prepared under Rule
33.2), and only amendments to the statement to make it cur-
rent need be included in the document being filed.
Rule 30. Computation and Extension of Time

1. In the computation of any period of time prescribed or
allowed by these Rules, by order of the Court, or by an appli-
cable statute, the day of the act, event, or default from which
the designated period begins to run is not included. The
last day of the period shall be included, unless it is a Satur-
day, Sunday, federal legal holiday listed in 5 U. S. C. § 6103,
or day on which the Court building is closed by order of the
Court or the Chief Justice, in which event the period shall
extend until the end of the next day that is not a Saturday,
Sunday, federal legal holiday, or day on which the Court
building is closed.
2. Whenever a Justice or the Clerk is empowered by law
or these Rules to extend the time to file any document, an
application seeking an extension shall be filed within the pe-
riod sought to be extended. An application to extend the
time to file a petition for a writ of certiorari or to file a juris-
dictional statement must be filed at least 10 days before the
specified final filing date as computed under these Rules; if
filed less than 10 days before the final filing date, such appli-
cation will not be granted except in the most extraordinary
circumstances.
3. An application to extend the time to file a petition for a

writ of certiorari, to file a jurisdictional statement, to file a
reply brief on the merits, or to file a petition for rehearing
shall be made to an individual Justice and presented and
served on all other parties as provided by Rule 22. Once
denied, such an application may not be renewed.
4. An application to extend the time to file any document
or paper other than those specified in paragraph 3 of this
Rule may be presented in the form of a letter to the Clerk
setting out specific reasons why an extension of time is justi-
fied. The letter shall be served on all other parties as re-
quired by Rule 29. The application may be acted on by the
Clerk in the first instance, and any party aggrieved by the
Clerk’s action may request that the application be submitted
to a Justice or to the Court. The Clerk will report action
under this paragraph to the Court as instructed.
Rule 31. Translations

Whenever any record to be transmitted to this Court con-
tains material written in a foreign language without a trans-
lation made under the authority of the lower court, or ad-
mitted to be correct, the clerk of the court transmitting the
record shall advise the Clerk of this Court immediately so
that this Court may order that a translation be supplied and,
if necessary, printed as part of the joint appendix.
Rule 32. Models, Diagrams, Exhibits, and Lodgings

1. Models, diagrams, and exhibits of material forming part
of the evidence taken in a case and brought to this Court for
its inspection shall be placed in the custody of the Clerk at
least two weeks before the case is to be heard or submitted.
2. All models, diagrams, exhibits, and other items placed
in the custody of the Clerk shall be removed by the parties
no more than 40 days after the case is decided. If this is
not done, the Clerk will notify counsel to remove the articles
forthwith. If they are not removed within a reasonable
time thereafter, the Clerk will destroy them or dispose of
them in any other appropriate way.
3. Any party or amicus curiae desiring to lodge non-rec-

ord material with the Clerk must set out in a letter, served
on all parties, a description of the material proposed for lodg-
ing and the reasons why the non-record material may prop-
erly be considered by the Court. The material proposed for
lodging may not be submitted until and unless requested by
the Clerk.
Rule 33. Document Preparation: Booklet Format; 81 /2-

by 11-Inch Paper Format
1. Booklet Format: (a) Except for a document expressly
permitted by these Rules to be submitted on 81/2- by 11-inch
paper, see, e. g., Rules 21, 22, and 39, every document filed
with the Court shall be prepared in a 61/8- by 91/4-inch booklet
format using a standard typesetting process (e. g., hot metal,
photocomposition, or computer typesetting) to produce text
printed in typographic (as opposed to typewriter) characters.
The process used must produce a clear, black image on white
paper. The text must be reproduced with a clarity that
equals or exceeds the output of a laser printer.
(b) The text of every booklet-format document, including
any appendix thereto, shall be typeset in a Century family
(e. g., Century Expanded, New Century Schoolbook, or Cen-
tury Schoolbook) 12-point type with 2-point or more leading
between lines. Quotations in excess of 50 words shall be
indented. The typeface of footnotes shall be 10-point type
with 2-point or more leading between lines. The text of the
document must appear on both sides of the page.
(c) Every booklet-format document shall be produced on
paper that is opaque, unglazed, and not less than 60 pounds
in weight, and shall have margins of at least three-fourths of
an inch on all sides. The text field, including footnotes, may
not exceed 41/8 by 71/8 inches. The document shall be bound
firmly in at least two places along the left margin (saddle
stitch or perfect binding preferred) so as to permit easy
opening, and no part of the text should be obscured by the
binding. Spiral, plastic, metal, or string bindings may not
be used. Copies of patent documents, except opinions, may
be duplicated in such size as is necessary in a separate

appendix.
(d) Every booklet-format document shall comply with the
word limits shown on the chart in subparagraph 1(g) of this
Rule. The word limits do not include the questions pre-
sented, the list of parties and the corporate disclosure state-
ment, the table of contents, the table of cited authorities, the
listing of counsel at the end of the document, or any appen-
dix. The word limits include footnotes. Verbatim quota-
tions required under Rule 14.1(f), if set out in the text of a
brief rather than in the appendix, are also excluded. For
good cause, the Court or a Justice may grant leave to file a
document in excess of the word limits, but application for
such leave is not favored. An application to exceed word
limits shall comply with Rule 22 and must be received by the
Clerk at least 15 days before the filing date of the document
in question, except in the most extraordinary circumstances.
(e) Every booklet-format document shall have a suitable
cover consisting of 65-pound weight paper in the color indi-
cated on the chart in subparagraph 1(g) of this Rule. If a
separate appendix to any document is filed, the color of its
cover shall be the same as that of the cover of the document
it supports. The Clerk will furnish a color chart upon re-
quest. Counsel shall ensure that there is adequate contrast
between the printing and the color of the cover. A docu-
ment filed by the United States, or by any other federal
party represented by the Solicitor General, shall have a gray
cover. A joint appendix, answer to a bill of complaint, mo-
tion for leave to intervene, and any other document not listed
in subparagraph 1(g) of this Rule shall have a tan cover.
(f) Forty copies of a booklet-format document shall be filed.
(g) Word limits and cover colors for booklet-format docu-
ments are as follows:
Word Color of
Type of Document
Limits Cover
(i) Petition for a Writ of Certiorari (Rule 14); Mo-
tion for Leave to File a Bill of Complaint and
Brief in Support (Rule 17.3); Jurisdictional
Statement (Rule 18.3); Petition for an Extraor-
dinary Writ (Rule 20.2) 9,000 white

(ii) Brief in Opposition (Rule 15.3); Brief in Oppo-
sition to Motion for Leave to File an Original
Action (Rule 17.5); Motion to Dismiss or Affirm
(Rule 18.6); Brief in Opposition to Mandamus
or Prohibition (Rule 20.3(b)); Response to a Pe-
tition for Habeas Corpus (Rule 20.4) 9,000 orange
(iii) Reply to Brief in Opposition (Rules 15.6 and
17.5); Brief Opposing a Motion to Dismiss or
Affirm (Rule 18.8) 3,000 tan
(iv) Supplemental Brief (Rules 15.8, 17, 18.10, and
25.5) 3,000 tan
(v) Brief on the Merits for Petitioner or Appellant
(Rule 24); Exceptions by Plaintiff to Report of
Special Master (Rule 17) 15,000 light blue
(vi) Brief on the Merits for Respondent or Appel-
lee (Rule 24.2); Brief on the Merits for Re-
spondent or Appellee Supporting Petitioner or
Appellant (Rule 12.6); Exceptions by Party
Other Than Plaintiff to Report of Special Mas-
ter (Rule 17) 15,000 light red
(vii) Reply Brief on the Merits (Rule 24.4) 7,500 yellow
(viii) Reply to Plaintiff ’s Exceptions to Report of
Special Master (Rule 17) 15,000 orange
(ix) Reply to Exceptions by Party Other Than
Plaintiff to Report of Special Master (Rule 17) 15,000 yellow
(x) Brief for an Amicus Curiae at the Petition
Stage or pertaining to a Motion for Leave to
file a Bill of Complaint (Rule 37.2) 6,000 cream
(xi) Brief for an Amicus Curiae in Support of the
Plaintiff, Petitioner, or Appellant, or in Sup-
port of Neither Party, on the Merits or in an
Original Action at the Exceptions Stage light
(Rule 37.3) 9,000 green
(xii) Brief for an Amicus Curiae in Support of the
Defendant, Respondent, or Appellee, on the
Merits or in an Original Action at the Excep- dark
tions Stage (Rule 37.3) 9,000 green
(xiii) Petition for Rehearing (Rule 44) 3,000 tan
(h) A document prepared under Rule 33.1 must be accom-

panied by a certificate signed by the attorney, the unrepre-
sented party, or the preparer of the document stating that
the brief complies with the word limitations. The person
preparing the certificate may rely on the word count of the
word-processing system used to prepare the document. The

word-processing system must be set to include footnotes in
the word count. The certificate must state the number of
words in the document. The certificate shall accompany the
document when it is presented to the Clerk for filing and
shall be separate from it. If the certificate is signed by a
person other than a member of the Bar of this Court, the
counsel of record, or the unrepresented party, it must contain
a notarized affidavit or declaration in compliance with 28
U. S. C. § 1746.
2. 81⁄2- by 11-Inch Paper Format: (a) The text of every
document, including any appendix thereto, expressly permit-
ted by these Rules to be presented to the Court on 81⁄2- by
11-inch paper shall appear double spaced, except for indented
quotations, which shall be single spaced, on opaque, un-
glazed, white paper. The document shall be stapled or
bound at the upper left-hand corner. Copies, if required,
shall be produced on the same type of paper and shall be
legible. The original of any such document (except a motion
to dismiss or affirm under Rule 18.6) shall be signed by the
party proceeding pro se or by counsel of record who must be
a member of the Bar of this Court or an attorney appointed
under the Criminal Justice Act of 1964, see 18 U. S. C.
§ 3006A(d)(6), or under any other applicable federal statute.
Subparagraph 1(g) of this Rule does not apply to documents
prepared under this paragraph.
(b) Page limits for documents presented on 81⁄2- by 11-inch
paper are: 40 pages for a petition for a writ of certiorari,
jurisdictional statement, petition for an extraordinary writ,
brief in opposition, or motion to dismiss or affirm; and 15
pages for a reply to a brief in opposition, brief opposing a
motion to dismiss or affirm, supplemental brief, or petition
for rehearing. The exclusions specified in subparagraph 1(d)
of this Rule apply.
Rule 34. Document Preparation: General Requirements

Every document, whether prepared under Rule 33.1 or
Rule 33.2, shall comply with the following provisions:
1. Each document shall bear on its cover, in the order indi-

cated, from the top of the page:
(a) the docket number of the case or, if there is none, a
space for one;
(b) the name of this Court;
(c) the caption of the case as appropriate in this Court;
(d) the nature of the proceeding and the name of the court
from which the action is brought (e. g., “On Petition for Writ
of Certiorari to the United States Court of Appeals for the
Fifth Circuit”; or, for a merits brief, “On Writ of Certiorari
to the United States Court of Appeals for the Fifth Circuit”);
(e) the title of the document (e. g., “Petition for Writ of
Certiorari,” “Brief for Respondent,” “Joint Appendix”);
(f) the name of the attorney who is counsel of record for
the party concerned (who must be a member of the Bar of
this Court except as provided in Rule 9.1) and on whom
service is to be made, with a notation directly thereunder
identifying the attorney as counsel of record and setting out
counsel’s office address and telephone number. Only one
counsel of record may be noted on a single document. The
names of other members of the Bar of this Court or of the
bar of the highest court of State acting as counsel, and, if
desired, their addresses, may be added, but counsel of record
shall be clearly identified. Names of persons other than at-
torneys admitted to a state bar may not be listed, unless the
party is appearing pro se, in which case the party’s name,
address, and telephone number shall appear. The foregoing
shall be displayed in an appropriate typographical manner
and, except for identification of counsel, may not be set in
type smaller than standard 11-point, if the document is pre-
pared as required by Rule 33.1.
2. Every document exceeding five pages (other than a joint
appendix), whether prepared under Rule 33.1 or Rule 33.2,
shall contain a table of contents and a table of cited authori-
ties (i. e., cases alphabetically arranged, constitutional provi-
sions, statutes, treatises, and other materials) with refer-
ences to the pages in the document where such authorities
are cited.
3. The body of every document shall bear at its close the

name of counsel of record and such other counsel, identified
on the cover of the document in conformity with subpara-
graph 1(f) of this Rule, as may be desired.
Rule 35. Death, Substitution, and Revivor; Public

Officers
1. If a party dies after the filing of a petition for a writ of
certiorari to this Court, or after the filing of a notice of ap-
peal, the authorized representative of the deceased party
may appear and, on motion, be substituted as a party. If
the representative does not voluntarily become a party, any
other party may suggest the death on the record and, on
motion, seek an order requiring the representative to be-
come a party within a designated time. If the representa-
tive then fails to become a party, the party so moving, if a
respondent or appellee, is entitled to have the petition for a
writ of certiorari or the appeal dismissed, and if a petitioner
or appellant, is entitled to proceed as in any other case of
nonappearance by a respondent or appellee. If the substitu-
tion of a representative of the deceased is not made within
six months after the death of the party, the case shall abate.
2. Whenever a case cannot be revived in the court whose
judgment is sought to be reviewed, because the deceased
party’s authorized representative is not subject to that
court’s jurisdiction, proceedings will be conducted as this
Court may direct.
3. When a public officer who is a party to a proceeding in
this Court in an official capacity dies, resigns, or otherwise
ceases to hold office, the action does not abate and any suc-
cessor in office is automatically substituted as a party. The
parties shall notify the Clerk in writing of any such succes-
sions. Proceedings following the substitution shall be in the
name of the substituted party, but any misnomer not affect-
ing substantial rights of the parties will be disregarded.
4. A public officer who is a party to a proceeding in this
Court in an official capacity may be described as a party by
the officer’s official title rather than by name, but the Court
may require the name to be added.
Rule 36. Custody of Prisoners in Habeas Corpus

Proceedings
1. Pending review in this Court of a decision in a habeas
corpus proceeding commenced before a court, Justice, or
judge of the United States, the person having custody of the
prisoner may not transfer custody to another person unless
the transfer is authorized under this Rule.
2. Upon application by a custodian, the court, Justice, or
judge who entered the decision under review may authorize
transfer and the substitution of a successor custodian as a
party.
3. (a) Pending review of a decision failing or refusing to
release a prisoner, the prisoner may be detained in the cus-
tody from which release is sought or in other appropriate
custody or may be enlarged on personal recognizance or bail,
as may appear appropriate to the court, Justice, or judge
who entered the decision, or to the court of appeals, this
Court, or a judge or Justice of either court.
(b) Pending review of a decision ordering release, the pris-
oner shall be enlarged on personal recognizance or bail, un-
less the court, Justice, or judge who entered the decision, or
the court of appeals, this Court, or a judge or Justice of
either court, orders otherwise.
4. An initial order respecting the custody or enlargement
of the prisoner, and any recognizance or surety taken, shall
continue in effect pending review in the court of appeals and
in this Court unless for reasons shown to the court of ap-
peals, this Court, or a judge or Justice of either court, the
order is modified or an independent order respecting custody,
enlargement, or surety is entered.
Rule 37. Brief for an Amicus Curiae

1. An amicus curiae brief that brings to the attention of
the Court relevant matter not already brought to its atten-
tion by the parties may be of considerable help to the Court.
An amicus curiae brief that does not serve this purpose bur-
dens the Court, and its filing is not favored.
2. (a) An amicus curiae brief submitted before the
Court’s consideration of a petition for a writ of certiorari,
motion for leave to file a bill of complaint, jurisdictional
statement, or petition for an extraordinary writ may be filed
if accompanied by the written consent of all parties, or if the
Court grants leave to file under subparagraph 2(b) of this
Rule. An amicus curiae brief in support of a petitioner or
appellant shall be filed within 30 days after the case is placed
on the docket or a response is called for by the Court, which-
ever is later, and that time will not be extended. An amicus
curiae brief in support of a motion of a plaintiff for leave to
file a bill of complaint in an original action shall be filed
within 60 days after the case is placed on the docket, and
that time will not be extended. An amicus curiae brief in
support of a respondent, an appellee, or a defendant shall be
submitted within the time allowed for filing a brief in opposi-
tion or a motion to dismiss or affirm. An amicus curiae
shall ensure that the counsel of record for all parties receive
notice of its intention to file an amicus curiae brief at least
10 days prior to the due date for the amicus curiae brief,
unless the amicus curiae brief is filed earlier than 10 days
before the due date. Only one signatory to any amicus cu-
riae brief filed jointly by more than one amicus curiae must
timely notify the parties of its intent to file that brief. The
amicus curiae brief shall indicate that counsel of record re-
ceived timely notice of the intent to file the brief under this
Rule and shall specify whether consent was granted, and its
cover shall identify the party supported.
(b) When a party to the case has withheld consent, a mo-
tion for leave to file an amicus curiae brief before the
Court’s consideration of a petition for a writ of certiorari,
motion for leave to file a bill of complaint, jurisdictional
statement, or petition for an extraordinary writ may be pre-
sented to the Court. The motion, prepared as required by
Rule 33.1 and as one document with the brief sought to be
filed, shall be submitted within the time allowed for filing an
amicus curiae brief, and shall indicate the party or parties

who have withheld consent and state the nature of the mov-
ant’s interest. Such a motion is not favored.
3. (a) An amicus curiae brief in a case before the Court
for oral argument may be filed if accompanied by the written
consent of all parties, or if the Court grants leave to file
under subparagraph 3(b) of this Rule. The brief shall be
submitted within 7 days after the brief for the party sup-
ported is filed, or if in support of neither party, within 7 days
after the time allowed for filing the petitioner’s or appellant’s
brief. An electronic version of every amicus curiae brief in
a case before the Court for oral argument shall be transmit-
ted to the Clerk of Court and to counsel for the parties at
the time the brief is filed in accordance with guidelines es-
tablished by the Clerk. The electronic transmission re-
quirement is in addition to the requirement that booklet-
format briefs be timely filed. The amicus curiae brief shall
specify whether consent was granted, and its cover shall
identify the party supported or indicate whether it suggests
affirmance or reversal. The Clerk will not file a reply brief
for an amicus curiae, or a brief for an amicus curiae in
support of, or in opposition to, a petition for rehearing.
(b) When a party to a case before the Court for oral argu-
ment has withheld consent, a motion for leave to file an ami-
cus curiae brief may be presented to the Court. The mo-
tion, prepared as required by Rule 33.1 and as one document
with the brief sought to be filed, shall be submitted within
the time allowed for filing an amicus curiae brief, and shall
indicate the party or parties who have withheld consent and
state the nature of the movant’s interest.
4. No motion for leave to file an amicus curiae brief is
necessary if the brief is presented on behalf of the United
States by the Solicitor General; on behalf of any agency of
the United States allowed by law to appear before this Court
when submitted by the agency’s authorized legal representa-
tive; on behalf of a State, Commonwealth, Territory, or Pos-
session when submitted by its Attorney General; or on behalf
of a city, county, town, or similar entity when submitted by

its authorized law officer.
5. A brief or motion filed under this Rule shall be accom-
panied by proof of service as required by Rule 29, and shall
comply with the applicable provisions of Rules 21, 24, and
33.1 (except that it suffices to set out in the brief the interest
of the amicus curiae, the summary of the argument, the ar-
gument, and the conclusion). A motion for leave to file may
not exceed 1,500 words. A party served with the motion
may file an objection thereto, stating concisely the reasons
for withholding consent; the objection shall be prepared as
required by Rule 33.2.
6. Except for briefs presented on behalf of amicus curiae
listed in Rule 37.4, a brief filed under this Rule shall indicate
whether counsel for a party authored the brief in whole or in
part and whether such counsel or a party made a monetary
contribution intended to fund the preparation or submission
of the brief, and shall identify every person other than the
amicus curiae, its members, or its counsel, who made such
a monetary contribution. The disclosure shall be made in
the first footnote on the first page of text.
Rule 38. Fees

Under 28 U. S. C. § 1911, the fees charged by the Clerk are:
(a) for docketing a case on a petition for a writ of certio-
rari or on appeal or for docketing any other proceeding, ex-
cept a certified question or a motion to docket and dismiss
an appeal under Rule 18.5, $300;
(b) for filing a petition for rehearing or a motion for leave
to file a petition for rehearing, $200;
(c) for reproducing and certifying any record or paper, $1
per page; and for comparing with the original thereof any
photographic reproduction of any record or paper, when fur-
nished by the person requesting its certification, $.50 per
page;
(d) for a certificate bearing the seal of the Court, $10; and
(e) for a check paid to the Court, Clerk, or Marshal that is
returned for lack of funds, $35.
Rule 39. Proceedings In Forma Pauperis

1. A party seeking to proceed in forma pauperis shall file
a motion for leave to do so, together with the party’s nota-
rized affidavit or declaration (in compliance with 28 U. S. C.
§ 1746) in the form prescribed by the Federal Rules of Appel-
late Procedure, Form 4. The motion shall state whether
leave to proceed in forma pauperis was sought in any other
court and, if so, whether leave was granted. If the United
States district court or the United States court of appeals
has appointed counsel under the Criminal Justice Act of 1964,
18 U. S. C. § 3006A, or under any other applicable federal
statute, no affidavit or declaration is required, but the motion
shall cite the statute under which counsel was appointed.
2. If leave to proceed in forma pauperis is sought for the
purpose of filing a document, the motion, and an affidavit
or declaration if required, shall be filed together with that
document and shall comply in every respect with Rule 21.
As provided in that Rule, it suffices to file an original and 10
copies, unless the party is an inmate confined in an institu-
tion and is not represented by counsel, in which case the
original, alone, suffices. A copy of the motion, and affidavit
or declaration if required, shall precede and be attached to
each copy of the accompanying document.
3. Except when these Rules expressly provide that a docu-
ment shall be prepared as required by Rule 33.1, every docu-
ment presented by a party proceeding under this Rule shall
be prepared as required by Rule 33.2 (unless such prepara-
tion is impossible). Every document shall be legible.
While making due allowance for any case presented under
this Rule by a person appearing pro se, the Clerk will not
file any document if it does not comply with the substance of
these Rules or is jurisdictionally out of time.
4. When the documents required by paragraphs 1 and 2 of
this Rule are presented to the Clerk, accompanied by proof
of service as required by Rule 29, they will be placed on the
docket without the payment of a docket fee or any other fee.
5. The respondent or appellee in a case filed in forma pau-

peris shall respond in the same manner and within the same
time as in any other case of the same nature, except that the
filing of an original and 10 copies of a response prepared as
required by Rule 33.2, with proof of service as required by
Rule 29, suffices. The respondent or appellee may challenge
the grounds for the motion for leave to proceed in forma
pauperis in a separate document or in the response itself.
6. Whenever the Court appoints counsel for an indigent
party in a case set for oral argument, the briefs on the merits
submitted by that counsel, unless otherwise requested, shall
be prepared under the Clerk’s supervision. The Clerk also
will reimburse appointed counsel for any necessary travel
expenses to Washington, D. C., and return in connection with
the argument.
7. In a case in which certiorari has been granted, probable
jurisdiction noted, or consideration of jurisdiction postponed,
this Court may appoint counsel to represent a party finan-
cially unable to afford an attorney to the extent authorized
by the Criminal Justice Act of 1964, 18 U. S. C. § 3006A, or
by any other applicable federal statute.
8. If satisfied that a petition for a writ of certiorari, juris-
dictional statement, or petition for an extraordinary writ is
frivolous or malicious, the Court may deny leave to proceed
in forma pauperis.
Rule 40. Veterans, Seamen, and Military Cases

1. A veteran suing under any provision of law exempting
veterans from the payment of fees or court costs, may pro-
ceed without prepayment of fees or costs or furnishing secu-
rity therefor and may file a motion for leave to proceed on
papers prepared as required by Rule 33.2. The motion shall
ask leave to proceed as a veteran and be accompanied by an
affidavit or declaration setting out the moving party’s vet-
eran status. A copy of the motion shall precede and be
attached to each copy of the petition for a writ of certiorari
or other substantive document filed by the veteran.
2. A seaman suing under 28 U. S. C. § 1916 may proceed

without prepayment of fees or costs or furnishing security
therefor and may file a motion for leave to proceed on papers
prepared as required by Rule 33.2. The motion shall ask
leave to proceed as a seaman and be accompanied by an affi-
davit or declaration setting out the moving party’s seaman
status. A copy of the motion shall precede and be attached
to each copy of the petition for a writ of certiorari or other
substantive document filed by the seaman.
3. An accused person petitioning for a writ of certiorari to
review a decision of the United States Court of Appeals for
the Armed Forces under 28 U. S. C. § 1259 may proceed with-
out prepayment of fees or costs or furnishing security there-
for and without filing an affidavit of indigency, but is not
entitled to proceed on papers prepared as required by Rule
33.2, except as authorized by the Court on separate motion
under Rule 39.
PART VIII. DISPOSITION OF CASES

Rule 41. Opinions of the Court
Opinions of the Court will be released by the Clerk imme-
diately upon their announcement from the bench, or as the
Court otherwise directs. Thereafter, the Clerk will cause
the opinions to be issued in slip form, and the Reporter of
Decisions will prepare them for publication in the prelimi-
nary prints and bound volumes of the United States Reports.
Rule 42. Interest and Damages

1. If a judgment for money in a civil case is affirmed, any
interest allowed by law is payable from the date the judg-
ment under review was entered. If a judgment is modified
or reversed with a direction that a judgment for money be
entered below, the mandate will contain instructions with
respect to the allowance of interest. Interest in cases aris-
ing in a state court is allowed at the same rate that similar
judgments bear interest in the courts of the State in which
judgment is directed to be entered. Interest in cases aris-
ing in a court of the United States is allowed at the interest

rate authorized by law.
2. When a petition for a writ of certiorari, an appeal, or
an application for other relief is frivolous, the Court may
award the respondent or appellee just damages, and single
or double costs under Rule 43. Damages or costs may be
awarded against the petitioner, appellant, or applicant,
against the party’s counsel, or against both party and
counsel.
Rule 43. Costs

1. If the Court affirms a judgment, the petitioner or appel-
lant shall pay costs unless the Court otherwise orders.
2. If the Court reverses or vacates a judgment, the re-
spondent or appellee shall pay costs unless the Court other-
wise orders.
3. The Clerk’s fees and the cost of printing the joint ap-
pendix are the only taxable items in this Court. The cost of
the transcript of the record from the court below is also a
taxable item, but shall be taxable in that court as costs in the
case. The expenses of printing briefs, motions, petitions, or
jurisdictional statements are not taxable.
4. In a case involving a certified question, costs are equally
divided unless the Court otherwise orders, except that if the
Court decides the whole matter in controversy, as permitted
by Rule 19.2, costs are allowed as provided in paragraphs 1
and 2 of this Rule.
5. To the extent permitted by 28 U. S. C. § 2412, costs
under this Rule are allowed for or against the United States
or an officer or agent thereof, unless expressly waived or
unless the Court otherwise orders.
6. When costs are allowed in this Court, the Clerk will
insert an itemization of the costs in the body of the mandate
or judgment sent to the court below. The prevailing side
may not submit a bill of costs.
7. In extraordinary circumstances the Court may adjudge
double costs.
Rule 44. Rehearing

1. Any petition for the rehearing of any judgment or deci-
sion of the Court on the merits shall be filed within 25 days
after entry of the judgment or decision, unless the Court or
a Justice shortens or extends the time. The petitioner shall
file 40 copies of the rehearing petition and shall pay the filing
fee prescribed by Rule 38(b), except that a petitioner pro-
ceeding in forma pauperis under Rule 39, including an in-
mate of an institution, shall file the number of copies re-
quired for a petition by such a person under Rule 12.2. The
petition shall state its grounds briefly and distinctly and
shall be served as required by Rule 29. The petition shall
be presented together with certification of counsel (or of a
party unrepresented by counsel) that it is presented in good
faith and not for delay; one copy of the certificate shall bear
the signature of counsel (or of a party unrepresented by
counsel). A copy of the certificate shall follow and be
attached to each copy of the petition. A petition for rehear-
ing is not subject to oral argument and will not be granted
except by a majority of the Court, at the instance of a Justice
who concurred in the judgment or decision.
2. Any petition for the rehearing of an order denying a
petition for a writ of certiorari or extraordinary writ shall
be filed within 25 days after the date of the order of denial
and shall comply with all the form and filing requirements of
paragraph 1 of this Rule, including the payment of the filing
fee if required, but its grounds shall be limited to intervening
circumstances of a substantial or controlling effect or to
other substantial grounds not previously presented. The
petition shall be presented together with certification of
counsel (or of a party unrepresented by counsel) that it is
restricted to the grounds specified in this paragraph and that
it is presented in good faith and not for delay; one copy of
the certificate shall bear the signature of counsel (or of a
party unrepresented by counsel). The certificate shall be
bound with each copy of the petition. The Clerk will not file
a petition without a certificate. The petition is not subject

to oral argument.
3. The Clerk will not file any response to a petition for
rehearing unless the Court requests a response. In the ab-
sence of extraordinary circumstances, the Court will not
grant a petition for rehearing without first requesting a
response.
4. The Clerk will not file consecutive petitions and peti-
tions that are out of time under this Rule.
5. The Clerk will not file any brief for an amicus curiae
in support of, or in opposition to, a petition for rehearing.
6. If the Clerk determines that a petition for rehearing
submitted timely and in good faith is in a form that does not
comply with this Rule or with Rule 33 or Rule 34, the Clerk
will return it with a letter indicating the deficiency. A cor-
rected petition for rehearing submitted in accordance with
Rule 29.2 no more than 15 days after the date of the Clerk’s
letter will be deemed timely.
Rule 45. Process; Mandates

1. All process of this Court issues in the name of the Presi-
dent of the United States.
2. In a case on review from a state court, the mandate
issues 25 days after entry of the judgment, unless the Court
or a Justice shortens or extends the time, or unless the par-
ties stipulate that it issue sooner. The filing of a petition for
rehearing stays the mandate until disposition of the petition,
unless the Court orders otherwise. If the petition is denied,
the mandate issues forthwith.
3. In a case on review from any court of the United States,
as defined by 28 U. S. C. § 451, a formal mandate does not
issue unless specially directed; instead, the Clerk of this
Court will send the clerk of the lower court a copy of the
opinion or order of this Court and a certified copy of the
judgment. The certified copy of the judgment, prepared
and signed by this Court’s Clerk, will provide for costs if
any are awarded. In all other respects, the provisions of
paragraph 2 of this Rule apply.
Rule 46. Dismissing Cases

1. At any stage of the proceedings, whenever all parties
file with the Clerk an agreement in writing that a case be
dismissed, specifying the terms for payment of costs, and pay
to the Clerk any fees then due, the Clerk, without further
reference to the Court, will enter an order of dismissal.
2. (a) A petitioner or appellant may file a motion to dis-
miss the case, with proof of service as required by Rule 29,
tendering to the Clerk any fees due and costs payable. No
more than 15 days after service thereof, an adverse party
may file an objection, limited to the amount of damages and
costs in this Court alleged to be payable or to showing that
the moving party does not represent all petitioners or appel-
lants. The Clerk will not file any objection not so limited.
(b) When the objection asserts that the moving party does
not represent all the petitioners or appellants, the party
moving for dismissal may file a reply within 10 days, after
which time the matter will be submitted to the Court for
its determination.
(c) If no objection is filed—or if upon objection going only
to the amount of damages and costs in this Court, the party
moving for dismissal tenders the additional damages and
costs in full within 10 days of the demand therefor—the
Clerk, without further reference to the Court, will enter an
order of dismissal. If, after objection as to the amount of
damages and costs in this Court, the moving party does not
respond by a tender within 10 days, the Clerk will report
the matter to the Court for its determination.
3. No mandate or other process will issue on a dismissal
under this Rule without an order of the Court.
PART IX. DEFINITIONS AND EFFECTIVE DATE
Rule 47. Reference to “State Court” and “State Law”

The term “state court,” when used in these Rules, includes
the District of Columbia Court of Appeals, the Supreme
Court of the Commonwealth of Puerto Rico, the courts of
the Northern Mariana Islands, and the local courts of Guam.

References in these Rules to the statutes of a State include
the statutes of the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, and the Territory of Guam.
Rule 48. Effective Date of Rules

1. These Rules, adopted July 17, 2007, will be effective
October 1, 2007.
2. The Rules govern all proceedings after their effective
date except to the extent that, in the opinion of the Court,
their application to a pending matter would not be feasible
or would work an injustice, in which event the former proce-
dure applies.
3. In any case in which a petition for a writ of certiorari
or appeal has been filed before the effective date of these
revised Rules, but in which the respondent or appellee has
not filed its response prior to that date, all remaining briefs
submitted in that case prior to the Court’s decision whether
to grant review may comply with the May 2, 2005, version
of the Rules of the Supreme Court of the United States
rather than with these revised Rules. Similarly, in any case
in which a petitioner or appellant has filed its brief on the
merits prior to the effective date of these revised Rules, all
remaining briefs in that case may comply with the May 2,
2005, version of the Rules of the Supreme Court of the
United States rather than with these revised Rules.
UNIT: CLER$$indx 07-13-07 15:21:47 PGT•CTINDX
RULES OF THE SUPREME COURT 59
INDEX TO RULES
Rule
ABATEMENT—See Death
ADMISSION TO BAR
Application forms .......................................................... 5.2
Certificate of admission ............................................... 5.3, 5.6
Certificate of good standing........................................ 5.6
Criminal Justice Act of 1964 ....................................... 9.1
Documents required ..................................................... 5.2
Duplicate certificate...................................................... 5.6
Fees.................................................................................. 5.5, 5.6
Oath or affirmation, form of........................................ 5.4
Open Court, admission in ............................................ 5.3
Qualifications.................................................................. 5.1
AFFIDAVIT
In forma pauperis proceedings ................................. 39.1, 39.2
Service by nonmember of Bar.................................... 29.5(c)
AMICUS CURIAE
Argument........................................................................ 28.7
Briefs at petition stage
—Consent of parties to file ................................. 37.2
—Copies, number to be filed .............................. 33.1(f)
—Cover color ......................................................... 33.1(g)(x)
—Cover, identification of party supported ...... 37.2(a)
—Documents, format and general require-
ments ................................................................... 33, 34
—Notice of intent to file ...................................... 37.2(a)
—Preparation and submission costs, identi-
fication of sources paying ................................ 37.6
—Purpose ............................................................... 37.1
—Service................................................................. 37.5
—Time to file ........................................................ 37.2
—Word limits ......................................................... 33.1(g)(x)
Briefs on merits
—Consent of parties to file ................................. 37.3
—Copies, number to be filed .............................. 33.1(f)
—Cover color ......................................................... 33.1(g)(xi), (xii)
—Cover, identification of party supported ..... 37.2(a)
ments ................................................................... 33, 34
—Electronic submission....................................... 37.3(a)
—Preparation and submission costs, identi-
fication of sources paying ................................ 37.6
—Purpose ............................................................... 37.1
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60 RULES OF THE SUPREME COURT
Rule
AMICUS CURIAE—Continued
—Service ............................................................... 37.5
—Time to file ........................................................ 37.3
—Word limits ......................................................... 33.1(g)(xi), (xii)
Cities, counties, and towns .......................................... 37.4
Consent of parties
—To argument ...................................................... 28.7
—To file brief ......................................................... 37.2, 37.3, 37.5
Electronic transmission................................................ 37.2(a)
Motions for leave to file briefs
—At petition stage ............................................... 37.2(b)
—Objection to........................................................ 37.5
—On merits ............................................................ 37.3(b)
—Service ............................................................... 37.5
—Time to file ......................................................... 37.2(b), 37.3(b)
—When unnecessary ............................................ 37.4
—Word limits ........................................................ 37.5
Notice of intent to file .................................................. 37.2(a)
Rehearing ...................................................................... 37.3(a), 44.5
States, Commonwealths, Territories, and Posses-
sions ............................................................................ 37.4
United States ................................................................. 37.4
APPEALS
Affirm, motion to........................................................... 18.6, 21.2(b)
Briefs opposing motion to dismiss or to affirm 18.8, 33.1(g)(iii), 33.2(b)
Certification of record .................................................. 18.11, 18.12
Cross-appeals ................................................................. 18.4, 18.9
Dismissal
—After docketing ................................................. 18.6, 21.2(b)
—Before docketing .............................................. 18.5
—By agreement of parties .................................. 18.5, 46.1
—On death of party ............................................ 35
—On motion .......................................... 18.5, 18.6, 21.2(b), 33.1(g)(ii)
Docketing, notice to appellees .................................... 18.3
Frivolous appeals, damages ....................................... 42.2
Joint appendix, preparation of.................................... 26
Jurisdictional statements
—Copies, number to be filed .............................. 18.3
—Cover color ......................................................... 33.1(g)(i)
—Deficiencies, effect of ........................................ 18.13
—Distribution to Court ....................................... 18.5, 18.6, 21.2(b)
ments ................................................................... 33, 34
—Fee........................................................................ 18.3, 38(a)
Rule
APPEALS—Continued
—Multiple judgments........................................... 18.2
—Page limits.......................................................... 33.2(b)
—Service................................................................. 18.3, 29.3–29.5
—Supplemental briefs.......................................... 18.10, 33.1(g)(iv)
—Time to file ......................................................... 18.3, 30.2, 30.3
—Word limits ......................................................... 33.1(g)(i)
Jurisdiction noted or postponed ................................. 18.12
Notice of appeal
—Clerk of district court, filed with................... 18.1
—Contents.............................................................. 18.1
—Response ............................................................. 18.6
—Service................................................................. 18.1
—Time to file ......................................................... 18.1
Parties to proceeding ................................................... 18.2
Record ............................................................................. 18.11, 18.12
Summary disposition .................................................... 18.12
APPEARANCE OF COUNSEL
Certified cases .............................................................. 19.3
Notice of appearance, when required........................ 9
APPENDIX—See also Joint Appendix
Briefs on merits............................................................. 24.3
Cover color ..................................................................... 33.1(e)
Documents, format and general preparation re-
quirements .................................................................. 33, 34
Jurisdictional statements............................................. 18.3
Petitions for writ of certiorari.................................... 14.1(i)
APPLICATIONS TO INDIVIDUAL JUSTICES—See
Justices
ARGUMENT
Absence of quorum, effect of ...................................... 4.2
Additional time, request for........................................ 28.3
Amicus curiae ............................................................... 28.7
Calendar, call of............................................................. 27
Certified cases................................................................ 19.4
Combined cases ............................................................. 27.3
Content............................................................................ 28.1, 28.5
Counsel, notification of argument date ..................... 27.2
Cross-appeals ................................................................. 28.2
Cross-writs of certiorari .............................................. 28.2
Divided argument ........................................................ 28.4
Hearing lists................................................................... 27.2
Motions............................................................................ 21.3
Party for whom no brief has been filed.................... 28.6
Rule
ARGUMENT—Continued
Pro hac vice ................................................................... 6
Rehearing ....................................................................... 44.1, 44.2
Time allowed.................................................................. 28.3
ATTORNEYS—See also Admission to Bar; Criminal
Justice Act of 1964
Appearance of counsel.................................................. 9
Appointment as counsel for indigent party ............. 39.6, 39.7
Argument pro hac vice ................................................ 6
Compensation
—Criminal Justice Act of 1964........................... 39.7
—Travel expenses when representing indi-
gent party ........................................................... 39.6
Costs awarded against ................................................. 42.2
Counsel of record .......................................................... 9, 34.1(f)
Damages awarded against........................................... 42.2
Disbarment..................................................................... 8.1
Discipline of attorneys
—Conduct unbecoming member of Bar............ 8.2
—Failure to comply with this Court’s Rules 8.2
Employees of Court, prohibition against practice 7
Foreign attorneys, permission to argue ................... 6.2
Substitution of counsel ................................................. 9.2
Suspension from practice............................................. 8.1
Use of Court’s Library ............................................... 2.1
BAIL
Applications to individual Justices ............................ 22.5
Habeas corpus proceedings ......................................... 36.3
BOND—See Stays
BRIEFS—See Amicus Curiae; Appeals; Briefs on
Merits; Certified Questions; Certiorari; Original
Actions
BRIEFS ON MERITS
Abridgment of time to file ......................................... 25.4
Application to exceed word limits ............................ 33.1(d)
Clerk, filed with ........................................................... 29.1, 29.2
Electronic version ......................................................... 25.8
Extension of time to file .............................................. 25.4, 30.4
Petitioners and appellants
—Contents.............................................................. 24.1
—Copies, number to be filed ............................. 25.1, 33.1(f)
—Cover color ......................................................... 33.1(g)(v)
Rule
BRIEFS ON MERITS—Continued
ments ................................................................... 33, 34
—Time to file ......................................................... 25.1, 25.4
—Word limits.................................................. 24.3, 33.1(d), 33.1(g)(v)
Proof of service requirement ..................................... 25.7
References to joint appendix or record ................... 24.5
Reply briefs
—Contents ............................................................ 24.4
—Copies, number to be filed ............................. 25.3
—Cover color ......................................................... 33.1(g)(vii)
ments .................................................................. 33, 34
—Time to file ......................................................... 25.3, 25.4
—Word limits............................................... 24.3, 33.1(d), 33.1(g)(vii)
Respondents and appellees
—Contents ............................................................ 24.2
—Cover color ......................................................... 33.1(g)(vi)
ments .................................................................. 33, 34
—Time to file ......................................................... 25.2, 25.4
—Word limits ......................................................... 24.3, 33.1(g)(vi)
Service ........................................................................... 29.3–29.5
Striking by Court ........................................................ 24.6
Submission after argument ........................................ 25.6
Supplemental briefs
—Contents ............................................................ 25.5
—Cover color ........................................................ 33.1(g)(iv)
ments ................................................................... 33, 34
—Time to file ......................................................... 25.5
—Word limits ......................................................... 33.1(g)(iv)
Table of authorities ...................................................... 24.1(c), 34.2
Table of contents .......................................................... 24.1(c), 34.2
CALENDAR
Call of cases for argument .......................................... 27.1
Clerk, preparation by ................................................... 27.1
Combined cases ............................................................. 27.3
Hearing lists................................................................... 27.2
CAPITAL CASES
Brief in opposition......................................................... 15.1
Rule
CAPITAL CASES—Continued
Habeas corpus proceedings ......................................... 20.4(b)
Notation of...................................................................... 14.1(a)
CERTIFIED QUESTIONS
Appearance of counsel.................................................. 19.3
Appendix......................................................................... 19.4
Argument, setting case for ......................................... 19.4
Briefs on merits
—Contents and specifications ............................. 19.5, 24
ments ................................................................... 33, 34
—Time to file ......................................................... 19.5, 25
Certificate, contents of ................................................. 19.1
Costs, allowance of........................................................ 43.4
Record ............................................................................. 19.4
CERTIORARI
Appendix to petition for writ ..................................... 14.1(i)
Before judgment in court of appeals, petition filed 11
Briefs in opposition
—Capital cases, mandatory in ........................... 15.1
—Contents.............................................................. 15.2
—Cover color ........................................................ 33.1(g)(ii)
ments ................................................................... 33, 34
—Page limits.......................................................... 15.2, 33.2(b)
—Time to file ......................................................... 15.3
—Word limits ......................................................... 15.2, 33.1(g)(ii)
Briefs in support of petition barred ......................... 14.2
Common-law writs ....................................................... 20.6
Constitutionality of statute, procedure when issue
raised ........................................................................... 29.4(b), (c)
Cross-petitions
—Conditional, when permitted ......................... 12.5
—Contents.............................................................. 12.5, 14.1(e)(iii)
—Distribution to Court ...................................... 15.7
—Fee ...................................................................... 12.5
—Notice to cross-respondents ............................ 12.5
—Service................................................................. 12.5
—Time to file ........................................................ 13.4
Denial, sufficient reasons for....................................... 14.4
Dismissal of petitions .................................................. 35.1
Disposition of petitions ............................................... 16
Rule
CERTIORARI—Continued
Distribution of papers to Court ................................ 15.5
Docketing
—Fee........................................................................ 12.1, 38(a)
—Notice to respondents ..................................... 12.3
Frivolous petitions, damages and costs ................... 42.2
Motion to dismiss petition barred.............................. 15.4
Multiple judgments, review of .................................. 12.4
Objections to jurisdiction ........................................... 15.4
Parties ............................................................................. 12.4, 12.6
Petitions for writ
—Contents.............................................................. 14
—Copies, number to be filed ............................. 12.1, 12.2
—Cover color ......................................................... 33.1(g)(i)
—Deficiency, effect of .......................................... 14.5
ments ................................................................... 33, 34
—Page limits.......................................................... 14.3, 33.2(b)
—Service ............................................................... 12.3
—Time to file ......................................................... 13, 29.2, 30.2, 30.3
—Word limits ......................................................... 14.3, 33.1(g)(i)
Record, certification and transmission .................... 12.7
Rehearing, petitions for .............................................. 44.2
Reply briefs to briefs in opposition.................. 15.6, 33.1(g)(iii), 33.2(b)
Respondents in support of petitioner ...................... 12.6
Stays pending review .................................................. 23.2, 23.4
Summary disposition .................................................... 16.1
Supplemental briefs...................................................... 15.8, 33.1(g)(iv)
CLERK
Announcement of absence of quorum ....................... 4.2
Announcement of recesses .......................................... 4.3
Argument calendar ....................................................... 27.1, 27.2
Authority to reject filings ........................................... 1.1
Costs, itemization in mandate .................................... 43.6
Custody of records and papers................................... 1.2
Diagrams, custody and disposition ............................ 32
Exhibits, custody and disposition .............................. 32
Fees as taxable items ................................................... 43.3
Fees, table of.................................................................. 38
Filing documents with ................................................. 29.1, 29.2
Hearing lists, preparation of....................................... 27.2
In forma pauperis proceedings, docketing ............. 39.4
Lodgings ......................................................................... 32.3
Models, custody and disposition ................................. 32
Rule
CLERK—Continued
Noncompliance with Rules, return of papers .......... 14.5, 18.13
Office hours..................................................................... 1.3
Opinions of Court, disposition of................................ 41
Orders of dismissal ....................................................... 46.1, 46.2
Original records, when returned................................ 1.2
Record, request for ....................................................... 12.7, 18.11, 18.12
Records and documents, maintenance of.................. 1.2
COMPUTATION OF TIME
Method............................................................................. 30.1
CONSTITUTIONALITY OF CONGRESSIONAL ACT
Procedure where United States or federal agency
or employee not a party........................................... 29.4(b)
CONSTITUTIONALITY OF STATE STATUTE
Procedure where State or state agency or em-
ployee not a party ..................................................... 29.4(c)
CORPORATIONS
Corporate disclosure statement .............................. 14.1(b), 24.1(b), 29.6
COSTS—See also Fees
Armed forces cases ....................................................... 40.3
Certified cases................................................................ 43.4
Dismissal of appeal before docketing........................ 18.5
Double costs ................................................................... 43.7
Frivolous filings............................................................. 42.2
Joint appendix................................................................ 26.3
Judgment affirmed ........................................................ 43.1
Judgment reversed or vacated ................................... 43.2
Mandate, itemization in................................................ 43.6
Seamen cases.................................................................. 40.2
Stays ................................................................................ 23.4
Taxable items ................................................................. 43.3
United States, allowed for or against ....................... 43.5
Veterans cases ............................................................... 40.1
COURT OF APPEALS FOR THE ARMED FORCES
Applications arising from ............................................ 22.3
Documents, preparation requirements...................... 40.3
Fees and costs on review............................................. 40.3
COURTS OF APPEALS
Certified questions........................................................ 19
Certiorari before judgment......................................... 11
Considerations governing review on certiorari ...... 10
Rule
CRIMINAL JUSTICE ACT OF 1964
Appointment of counsel under .................................. 9, 39
Compensation of counsel for indigent party............ 39.7
CROSS-APPEALS—See Appeals
CROSS-PETITIONS FOR CERTIORARI—See
Certiorari
DAMAGES
Frivolous filings............................................................. 42.2
Stays ................................................................................ 23.4
DEATH
Parties ............................................................................. 35.1–35.3
Public officers................................................................. 35.3
Revivor of case .............................................................. 35.2
DELAY
Stay, damages for delay ............................................... 23.4
DIAGRAMS
Custody of Clerk .......................................................... 32.1
Removal or other disposition .................................... 32.2
DISBARMENT AND DISCIPLINE—See Attorneys
DISMISSAL
Agreement of parties ................................................... 46.1
Appeals before docketing ............................................ 18.5
Death of party ............................................................... 35.1
Entry of order................................................................ 46.1
Motion by appellee........................................................ 18.6, 46.2
Objection to ................................................................... 46.2
DISTRICT OF COLUMBIA—See State Courts
DOCKETING CASES
Appeals............................................................................ 18.3
Certified questions ....................................................... 19.3
Certiorari ....................................................................... 12.3
Cross-appeals ................................................................. 18.4
Cross-petitions for certiorari ...................................... 12.5
Extraordinary writs...................................................... 20.2
Fees.................................................................................. 38(a)
In forma pauperis proceedings ................................. 39.4
Original actions ............................................................. 17.4
DOCUMENT PREPARATION
Certification of compliance with word limits........... 33.1(h)
Electronic submission................................................... 25.8, 37.3(a)
Rule
DOCUMENT PREPARATION—Continued
Format and general requirements ............................. 33, 34
EFFECTIVE DATE
Revised Rules ................................................................ 48
EXHIBITS
Briefs, reference in ....................................................... 24.5
Custody of Clerk ........................................................... 32.1
Inclusion in joint appendix.......................................... 26.6
Removal or other disposition...................................... 32.2
EXTENSION OF TIME
Filing briefs on merits ................................................. 25.4
Filing jurisdictional statements ................................. 18.3, 30.2, 30.3
Filing papers or documents, generally ..................... 30.2–30.4
Filing petitions for rehearing ..................................... 30.3, 44.1
Filing petitions for writ of certiorari........................ 13.5, 30.2, 30.3
EXTRAORDINARY WRITS—See also Habeas Corpus
Briefs in opposition
—Copies, number to be filed .............................. 20.3(b)
—Cover color ........................................................ 33.1(g)(ii)
—Page limits.......................................................... 33.2(b)
—Time to file ........................................................ 20.3(b)
—Word limits ......................................................... 33.1(g)(ii)
Considerations governing issuance .......................... 20.1
Petitions
—Certiorari, common-law writ of...................... 20.6
—Contents ............................................................ 20.2
—Cover color ........................................................ 33.1(g)(i)
—Docketing............................................................ 20.2
ments ................................................................... 33, 34
—Habeas corpus, writ of ..................................... 20.4
—Mandamus, writ of ............................................ 20.3
—Page limits.......................................................... 33.2(b)
—Prohibition, writ of ........................................... 20.3
—Service................................................................. 20.2, 29
—Word limits ......................................................... 33.1(g)(i)
Response to petitions for habeas corpus
—Cover color ......................................................... 33.1(g)(ii)
—Page limits.......................................................... 33.2(b)
—When required .................................................. 20.4(b)
—Word limits ........................................................ 33.1(g)(ii)
Rule
FEDERAL RULES OF CIVIL PROCEDURE AND
EVIDENCE
As guides to procedure in original actions .............. 17.2
FEES—See also Costs
Admission to Bar........................................................... 5.5, 5.6
Armed forces cases ....................................................... 40.3
Certificate of good standing........................................ 5.6
Seamen cases.................................................................. 38
Table ................................................................................ 38
Taxable items ................................................................ 43.3
Veterans cases ............................................................... 40.1
HABEAS CORPUS—See also Extraordinary Writs
Custody of prisoners..................................................... 36
Documents, format and general requirements........ 33, 34
Enlargement of prisoner on personal recognizance 36.3, 36.4
Order respecting custody of prisoners ..................... 36.4
Petition for writ............................................................. 20.4(a)
Response to petition .................................................... 20.4(b)
IN FORMA PAUPERIS PROCEEDINGS
Affidavit as to status .................................................... 39.1
Briefs, preparation of ................................................... 33.2
Counsel
—Appointment....................................................... 39.7
—Compensation..................................................... 39.7
—Travel expenses................................................. 39.6
Denial of leave to proceed ........................................... 39.8
Docketing........................................................................ 39.4
Joint appendix................................................................ 26.3
Motions, form of ............................................................ 39.1
Responses ...................................................................... 39.5
Substantive documents ................................................ 39.2, 39.3
INTEREST
Inclusion in amount of bond on stay pending
review ......................................................................... 23.4
Money judgments in civil cases.................................. 42.1
JOINT APPENDIX
Arrangement of contents............................................. 26.5, 26.6
Certified cases................................................................ 19.4
Contents ......................................................................... 26.1, 26.2
Copies, number to be filed........................................... 26.1
Cost of printing ............................................................. 26.3, 43.3
Cover color ..................................................................... 33.1(e)
Rule
Deferred method ........................................................... 26.4
Designating parts of record to be printed ............... 26.2
Dispensing with appendix .......................................... 26.7
Exhibits, inclusion of .................................................... 26.6
Extraordinary writs...................................................... 20.6
References in briefs...................................................... 24.1(g), 24.5
Time to file................................................................... 26.1, 26.4, 26.8, 30.4
JURISDICTIONAL STATEMENT—See Appeals
JUSTICES
Applications to individual Justices
—Clerk, filed with ............................................... 22.1
—Disposition .......................................................... 22.4, 22.6
—Distribution ........................................................ 22.3
—Documents, format............................................ 22.2, 33.2
—Referral to full Court ...................................... 22.5
—Renewal ............................................................. 22.4
—Service................................................................. 22.2
Extensions of time to file
—Documents and papers ..................................... 30.2–30.4
—Jurisdictional statements ............................... 18.3, 30.2, 30.3
—Petitions for rehearing..................................... 30.3
—Petitions for writ of certiorari........................ 13.5, 30.2, 30.3
—Reply briefs on merits .................................... 30.3
Habeas corpus proceedings ......................................... 36
Leave to file document in excess of word limits ... 33.1(d)
Petitions for rehearing................................................. 44.1
Stays ................................................................................ 22.5, 23
LIBRARY
Persons to whom open ................................................. 2.1
Removal of books .......................................................... 2.3
Schedule of hours .......................................................... 2.2
LODGING
Non-record material ..................................................... 32.3
MANDAMUS—See Extraordinary Writs
MANDATES
Costs, inclusion of ......................................................... 43.6
Dismissal of cases ........................................................ 46.3
Federal-court cases ....................................................... 45.3
Petition for rehearing, effect of.................................. 45.2
Rule
MANDATES—Continued
State-court cases ........................................................... 45.2
MARSHAL
Announcement of recesses .......................................... 4.3
Bar admission fees, maintenance of fund ................. 5.5, 5.6
Returned check fees ..................................................... 38(e)
MODELS
Custody of Clerk ........................................................... 32.1
Removal or other disposition...................................... 32.2
MOTIONS
Admission to Bar........................................................... 5.3, 21.3
Affirm appeals .............................................................. 18.6
Amicus curiae
—Leave to argue................................................... 28.7
—Leave to file brief.............................................. 21.2(b), 37.2–37.4
Argument
—Additional time .................................................. 28.3
—Consolidated ...................................................... 27.3
—Divided ................................................................ 28.4
—Pro hac vice ....................................................... 6.3
Briefs
—Abridgment of time to file ............................. 25.4
—Leave to exceed word limits........................... 33.1(d)
Certified questions........................................................ 19.2
Clerk, filed with ........................................................... 29.1, 29.2
Contents .......................................................................... 21
Dismissal of cases
—Appeals................................................................ 18.6, 21.2(b)
—Death of party .................................................. 35.1
—Docket and dismiss .......................................... 18.5
—Mootness ............................................................. 21.2(b)
—On request of petitioner or appellant ........... 46.2
—Voluntary dismissal........................................... 46.1
Documents, format and general requirements ....... 21.2(b), (c), 33, 34
In forma pauperis proceedings ................................ 39.1, 39.2
Joint appendix
—Dispensed with ................................................. 26.7
—Record, excused from printing ....................... 26.2
Oral argument, when permitted ............................... 21.3
Original actions ............................................................ 17.2, 17.3, 21.2(a)
Party, substitution of.................................................... 35.1, 35.3
Responses, form and time of ..................................... 21.4
Service ........................................................................... 21.3, 29.3–29.5
Rule
MOTIONS—Continued
Stays ................................................................................ 23
Veteran, leave to proceed as ...................................... 40.1
NONCOMPLIANCE WITH RULES—See Rules
NOTICE
Appeals
—Docketing of ....................................................... 18.3
—Filing with district court................................. 18.1
Certiorari, filing of petition for writ ......................... 12.3
Cross-petition for certiorari, docketing of .............. 12.5
Disposition of petition for writ of certiorari............ 16
Service............................................................................. 29.3–29.5
OPINIONS
Publication in United States Reports by Reporter
of Decisions ............................................................... 41
Slip form ........................................................................ 41
When released ............................................................... 41
ORAL ARGUMENT—See Argument
ORIGINAL ACTIONS
Amicus briefs ................................................................. 37.2(a)
Briefs in opposition to motions for leave to file
—Cover color ......................................................... 33.1(g)(ii)
—Service ............................................................... 17.5
—Time to file ......................................................... 17.5
Distribution of documents to Court ......................... 17.5
Docketing........................................................................ 17.4
Documents, format and general requirements ....... 33, 34
Fee .................................................................................. 17.4, 38(a)
Initial pleadings
—Briefs in support of motions for leave to file 17.3
—Clerk, filed with................................................. 17.4
—Cover color ......................................................... 33.1(g)(i)
—Leave to file ...................................................... 17.3
—Motions for leave to file ................................... 17.3
—Service ............................................................... 17.3
—Word limits ........................................................ 33.1(g)(i)
Jurisdiction .................................................................... 17.1
Pleadings and motions, form of ................................. 17.2
Process against State, service of .............................. 17.7
Rule
ORIGINAL ACTIONS—Continued
Reply briefs ................................................................... 17.5
Summons ....................................................................... 17.6
PARENT CORPORATIONS—See Corporations
PARTIES
Appeals............................................................................ 18.2
Certiorari ........................................................................ 12.4, 12.6
Death, effect of .............................................................. 35.1–35.3
Listing, when required
—Briefs on merits................................................. 24.1(b)
—Petitions for writ of certiorari ...................... 14.1(b)
Public officers
—Description of ................................................... 35.4
—Effect of death or resignation ....................... 35.3
POSTPONING CONSIDERATION OF
JURISDICTION—See Appeals
PROCESS—See also Service
Dismissal of cases.......................................................... 46.3
Form ............................................................................... 45.1
Original actions ............................................................. 17.7
PROHIBITION—See Extraordinary Writs
PROOF OF SERVICE—See Service
PUBLIC OFFICERS OR EMPLOYEES
Costs allowed against................................................... 43.5
Description of................................................................. 35.4
Service on ....................................................................... 29.4
Substitution of ............................................................... 35.3
PUERTO RICO—See State Courts
QUORUM
Absence, effect of .......................................................... 4.2
Number to constitute .................................................. 4.2
RECESS—See Sessions of Court
RECORDS
Certification and transmission
—Appeals .............................................................. 18.11, 18.12
—Certified questions............................................ 19.4
—Certiorari............................................................ 12.7
Diagrams......................................................................... 32
Exhibits........................................................................... 26.6, 32
Rule
RECORDS—Continued
Joint appendix
—Costs, effect on allocation of........................... 26.3
—Inclusion of designated record ....... 26.1–26.3, 26.4(b), 26.5, 26.7
Models ............................................................................ 32
Original documents
—On certiorari ..................................................... 12.7
—Return to lower courts ................................... 1.2
Original record, argument on .................................... 26.7
References
—Briefs on merits................................................. 24.5
—Petitions for writ of certiorari........................ 14.1(g)(i)
Translation of foreign language material ................. 31
REHEARING
Amicus curiae briefs .................................................. 37.3(a)
Certificate of counsel .................................................... 44.1, 44.2
Consecutive petitions .................................................. 44.4
Judgment or decision on merits ................................ 44.1
Mandate, stay of ........................................................... 45.2
Oral argument .............................................................. 44.1, 44.2
Order denying petition for writ of certiorari or
extraordinary writ .................................................... 44.2
Petitions
—Contents.............................................................. 44.1, 44.2
—Copies, number to be filed ............................. 44.1, 44.2
—Cover color ......................................................... 33.1(g)(xiii)
—Deficiency, effect of ........................................... 44.6
—Documents, format and general specifi-
cations ................................................................ 33, 34
—Fee........................................................................ 38(b)
—Page limits.......................................................... 33.2(b)
—Service................................................................. 44.1, 44.2
—Time to file....................................................... 30.3, 44.1, 44.2, 44.4
—Word limits ......................................................... 33.1(g)(xiii)
Responses to petitions ................................................ 44.3
REPORTER OF DECISIONS
Publication of Court’s opinions................................... 41
REVIVOR
Revivor of cases ............................................................ 35.1–35.3
Rule
RULES
Effective date................................................................. 48
Effect of noncompliance ............................................... 14.5, 18.13
Transition policy............................................................ 48.3
SEAMEN
Suits by ........................................................................... 40.2
SERVICE
Procedure
—Commercial carrier ........................................... 29.3
—Copies, number to be served .......................... 29.3
—Electronic............................................................ 25.8, 37.3(a)
—Federal agency, officer, or employee ............. 29.4(a)
—Governor and State Attorney General in
original actions .................................................. 17.3
—Mail ..................................................................... 29.3
—Personal service................................................. 29.3
—Solicitor General where constitutionality of
congressional act in issue ................................ 29.4(b)
—Solicitor General where United States or
federal agency, officer, or employee is party 29.4(a)
—State Attorney General where constitution-
ality of state statute in issue .......................... 29.4(c)
Proof of service, form ................................................. 29.5
When required
—Amicus curiae briefs and motions ................ 37.5
—Appeals ........................................................... 18.1–18.5, 18.8, 18.10
—Applications to individual Justices ............... 22.2, 22.4
—Briefs on merits ............................................... 25.7
—Certiorari, petitions for writ of...................... 12.3, 12.5, 12.6
—Dismissal of cases ............................................ 46.2(a)
—Extension of time, applications for ............... 30.3, 30.4
—Extraordinary writs.......................................... 20.2, 20.3(b)
—In forma pauperis proceedings .................... 39.4
—Joint appendix ................................................... 26.1–26.4
—Motions, in general .......................................... 21.3
—Original actions ................................................. 17.3, 17.5–17.7
—Pro hac vice, motions to argue ...................... 6.3
—Rehearing ........................................................... 44.1, 44.2
—Reply briefs ....................................................... 15.6
—Supplemental briefs.......................................... 15.8
Rule
SESSIONS OF COURT
Hours of open sessions ................................................. 4.1
Opening of Term ........................................................... 4.1
Recesses .......................................................................... 4.3
SOLICITOR GENERAL
Amicus curiae brief for United States ................... 37.4
Documents, cover color ................................................ 33.1(e)
Service on
—When constitutionality of congressional act
in issue................................................................. 29.4(b)
—When United States or federal office,
agency, officer, or employee is party ............. 29.4(a)
STATE COURTS
Certiorari to review judgments of ............................ 10
District of Columbia Court of Appeals..................... 47
Habeas corpus, exhaustion of remedies .................. 20.4(a)
Mandate, issuance of..................................................... 45.2
Puerto Rico Supreme Court ...................................... 47
STAYS
Bond, supersedeas......................................................... 23.4
Considerations governing application ....................... 23.3
Judgment, enforcement of ........................................... 23.2
Justices
—Authority to grant ............................................ 23.1
—Presentation to individual Justices................ 22.1
—Referral to Court .............................................. 22.5
Mandate
—Pending rehearing ........................................... 45.2
—Pending review ................................................. 23.4
STIPULATIONS
Dismissal of appeal by parties.................................... 18.5
Mandate, issuance of..................................................... 45.2
SUBSTITUTIONS
Counsel ............................................................................ 9.2
Parties ............................................................................. 35.1, 35.3
Public officers ............................................................... 35.3
Successor custodians, habeas corpus proceedings .. 36.2
SUMMONS
Form of process ............................................................. 45.1
Service in original action............................................. 17.6
SUPERSEDEAS BONDS
Application to stay enforcement of judgment......... 23.4
Rule
TERM
Call of cases for argument .......................................... 27
Cases pending on docket at end of Term ................. 3
Commencement of......................................................... 3
TIME REQUIREMENTS
Computation of time..................................................... 30.1
Documents filed with Clerk ....................................... 29.2
Oral argument .............................................................. 28.3
Substitution of parties ................................................ 35.1
Time to file
—Amicus curiae briefs ...................................... 37.2, 37.3
—Appeals................................................................ 18.1
—Briefs on merits................................................. 25.1–25.5, 30.3
—Certified questions, briefs on merits............. 19.5
—Certiorari, petitions for writ of...................... 13, 30.2, 30.3
—Jurisdictional statements ................................ 18.3, 30.2, 30.3
—Motions to dismiss or to affirm appeal ......... 18.6
—Rehearing, petitions for................................. 30.3, 44.1, 44.2, 44.4
—Requests for divided argument .................... 28.4
—Responses to motions ....................................... 21.4
—Word limits, application to exceed................. 33.1(d)
TRANSCRIPT OF RECORD—See also Records
Cost .................................................................................. 43.3
TRANSLATIONS
Foreign-language material in record ....................... 31
UNITED STATES
Amicus curiae ............................................................... 37.4
Briefs, cover color ......................................................... 33.1(e)
Costs allowed for or against ...................................... 43.5
Service
—On federal agency, officer, or employee ........ 29.4(a)
—On Solicitor General ......................................... 29.4(a), (b)
UNITED STATES REPORTS
Publication of Court’s opinions................................... 41
VETERANS
Suits by .......................................................................... 40.1
WAIVER
Brief in opposition, right to file ................................ 15.5
Costs allowed for or against United States ............ 43.5
Motion to dismiss appeal or affirm, right to file ..... 18.7
Rule
WRITS
Certiorari ........................................................................ 10–16
Common-law certiorari ................................................ 20.6
Extraordinary ................................................................ 20
Habeas corpus................................................................ 20.4
Mandamus....................................................................... 20.3
Prohibition ...................................................................... 20.3

Rules of The S Court of The US

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Rules of The S Court of The US

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RULES

Supreme Court of the

ADOPTED JULY 17, 2007

EFFECTIVE OCTOBER 1, 2007

Clerk of the Court ............................... (202) 479-3011

Visit the U.S. Supreme Court Website

Mailing Address of the Solicitor General of the

PART I. THE COURT Page

PART II. ATTORNEYS AND COUNSELORS

PART III. J URISDICTION ON W RIT OF CERTIORARI

PART IV. OTHER J URISDICTION

PART V. MOTIONS AND APPLICATIONS

PART VI. BRIEFS ON THE M ERITS AND ORAL A RGUMENT

PART VII. PRACTICE AND PROCEDURE Page

PART VIII. DISPOSITION OF CASES

PART IX. DEFINITIONS AND EFFECTIVE DATE

PART I. THE COURT

2 SUPREME COURT RULE 5

Rule 4. Sessions and Quorum

PART II. ATTORNEYS AND COUNSELORS

Rule 5. Admission to the Bar

SUPREME COURT RULE 6 3

moral and professional character. Both sponsors must be

Rule 6. Argument Pro Hac Vice

4 SUPREME COURT RULE 8

3. Oral argument pro hac vice is allowed only on motion

Rule 7. Prohibition Against Practice

Rule 8. Disbarment and Disciplinary Action

SUPREME COURT RULE 10 5

Rule 9. Appearance of Counsel

PART III. J URISDICTION ON W RIT OF CERTIORARI

Rule 10. Considerations Governing Review on

6 SUPREME COURT RULE 12

course of judicial proceedings, or sanctioned such a de-

Rule 11. Certiorari to a United States Court of Appeals

Rule 12. Review on Certiorari: How Sought; Parties

SUPREME COURT RULE 12 7

mate confined in an institution, if proceeding in forma pau-

8 SUPREME COURT RULE 12

provisions of Rule 13.4. It is the cross-petitioner’s duty to

SUPREME COURT RULE 13 9

printed record, plus the proceedings in the court below, may

Rule 13. Review on Certiorari: Time for Petitioning

10 SUPREME COURT RULE 14

petition (which except for Rule 12.5 would be untimely) will

Rule 14. Content of a Petition for a Writ of Certiorari

SUPREME COURT RULE 14 11

(c) If the petition exceeds five pages or 1,500 words, a

(f) The constitutional provisions, treaties, statutes, ordi-

12 SUPREME COURT RULE 14

federal questions sought to be reviewed were raised; the

SUPREME COURT RULE 15 13

or order required in sub-subparagraph (i) of this

Rule 15. Briefs in Opposition; Reply Briefs;

14 SUPREME COURT RULE 15

specified in Rule 33. In addition to presenting other argu-

SUPREME COURT RULE 16 15

right to file a brief in opposition, or, if no waiver or brief in

Rule 16. Disposition of a Petition for a Writ of

16 SUPREME COURT RULE 17

that effect and will notify forthwith counsel of record and

PART IV. OTHER J URISDICTION

SUPREME COURT RULE 18 17